Industrial Tribunals Northern Ireland Decisions

Brown v Lesmar Office Supplies (Application Dismissed) [2003] NIIT 45_03 (4 April 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 45/03

APPLICANT: William John Brown

RESPONDENT: Lesmar Office Supplies

DECISION

The unanimous decision of the tribunal is that the application be dismissed

Appearances:

There was no appearance by or on behalf of the applicant.

The respondent was represented by Ms J Simpson, Barrister-at-Law, instructed by Fisher & Fisher, Solicitors.

SUMMARY REASONS

1. The applicant did not appear. He had contacted the tribunal office on 31 March 2003 indicating a wish for an adjournment. He had been advised that he should make formal application which he had failed to do. The respondent indicated that a Discovery Order had been served on the applicant to which he had made no response. The respondent's solicitors had been in touch with the Labour Relations Agency who had sought to make contact with the applicant on 31 March, 1 April and 2 April 2003 with no success. In the circumstances the tribunal considered that it would be appropriate to deal with the matter in the applicant's absence after taking into account the information and statements contained in his Originating Application.
2. The respondent denied that the applicant had been dismissed. The burden of proving dismissal accordingly fell to the applicant. In the tribunal's view there was insufficient evidence in the applicant's Originating Application to conclude that the applicant had been dismissed or that circumstances existed in which the applicant was entitled to terminate his contract of employment without notice by reason of the respondent's conduct. Accordingly, the application fell to be dismissed.
3. The respondent sought an award of costs. The applicant had failed to attend at the hearing. He had failed to respond to an Order for Discovery and had been put on notice by letter of 21 March 2003 that an application for costs would be made. In the circumstances, the tribunal considered that the applicant had behaved unreasonably and ordered that he pay to the respondent the sum of £50 by way of costs.

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Date and place of hearing: 4 April 2003 at Belfast.

Date decision recorded in register and issued to parties: