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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> McAteer v Southern Health & Social Care ... Southern Health & Social Care ... Southern Health & Social Care ... Southern Health & Social Care ... [2014] NIFET 00095_12FET (12 February 2014)
URL: http://www.bailii.org/nie/cases/NIFET/2014/95_12FET.html
Cite as: [2014] NIFET 95_12FET, [2014] NIFET 00095_12FET
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FAIR EMPLOYMENT TRIBUNAL
CASE REFS: 95/12 FET
2066/11
1604/12
760/13
CLAIMANT: Siobhan McAteer
RESPONDENT: Southern Health & Social Care Trust
DECISION
The unanimous decision of the Tribunal was given orally at the conclusion of the hearing with reasons. The claims of unfair dismissal and unlawful discrimination (including claims of harassment, victimisation, failure to make reasonable adjustments) were dismissed.
Constitution of Tribunal:
Vice President: Mr N Kelly
Members: Mr P Killen
Mrs T Kelly
Appearances:
The claimant did not appear and was not represented.
The respondent was represented by Mr C Hamill, Barrister-at-Law, instructed by Directorate of Legal Services of Business Services Organisation.
1. The claimant did not appear at either the 12.00 noon hearing to pursue her written application for a postponement, which had been received just before 5.00 am on the first morning of the hearing, or at the 2.00 pm directed hearing to consider her substantive claims.
2. The Tribunal heard four witnesses from the respondent, ie Lynne Hainey, Vivienne Toal, Maureen Devlin and Francesca Leyden, who swore or affirmed to their witness statements and adopted them as their evidence. The Tribunal also considered the unsworn witness statement of the claimant.
3. The Tribunal concluded that there were no grounds upon which it could reasonably infer unlawful discrimination under any statute. It also concluded that the reason for the dismissal was conduct and that the decision to dismiss was procedurally and substantively fair and proportionate. All claims were dismissed.
Vice President:
Date and place of hearing: 10 February 2014, Belfast
Date decision recorded in register and issued to parties: