Industrial Tribunals Northern Ireland Decisions

 


Brunsdon v Dawson Whyte & Co (Life & Pensions Ltd) (Unfair Dismissal) [2002] NIIT 3790_01 (19 June 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 3790/01

APPLICANT: Richard Brunsdon

RESPONDENT: Dawson Whyte & Co (Life & Pensions Ltd)

DECISION

The unanimous decision of the tribunal is that the applicant's claim for unfair dismissal is dismissed.

Appearances:

The applicant was not in attendance, nor was he represented.

The respondent was represented by Mr Edmundson, of counsel, instructed by J Blair, Employment Law Solicitors.

1. These reasons are given in summary form.
2. The applicant claimed unfair dismissal. The respondent denied the applicant's claim.
3. The tribunal was satisfied that the applicant had been notified of the instant hearing.
4. The tribunal made the following findings:

(a) The applicant worked for the respondent as an independent financial adviser from November 1999 to 14 September 2001.

(b) The applicant was employed (under a contract of service) by the respondent from November 1999 to 31 August 2001.

(c) By letter of 8 August 2001 the applicant resigned effective from 31 August 2001.

(d) The applicant's attempt to withdraw his resignation was not effective. At no time did the respondent accept the withdrawal of the applicant's resignation.

(e) From 1 September 2001 to 14 September 2001 the applicant worked for the respondent as a self employed independent financial adviser (under a contract for services).

(f) The applicant discontinued his contract for services with the respondent from 14 September 2001.

(g) The applicant was not dismissed by the respondent.

5. Accordingly the applicant's claim for unfair dismissal is dismissed.

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Date and place of hearing: 8 May 2002, Belfast

Date decision recorded in register and issued to parties: 19 June 2002