Industrial Tribunals Northern Ireland Decisions

Coleman v Icon Public Relations & Design & Anor (Unfair Dismissal/Notice Pay) [2003] NIIT 2529_01 (10 December 2003)

INDUSTRIAL TRIBUNALS

CASE REF: 2529/01

APPLICANT: Lindsay Coleman

RESPONDENTS: 1. Icon Public Relations & Design

2. Dinky Ltd

DECISION

The unanimous decision of the tribunal is that the complaints are dismissed.

Appearances:

The applicant was not present and was not represented.

The respondents were not present and were not represented.

REASONS

1. These reasons are given in summary form.
2. Rule 9(3) of the Industrial Tribunals Rules of Procedure 1996 ("the Rules") provides as follows:-

"If a party fails to attend or to be represented at the time and place fixed for the hearing, the tribunal may, if that party is an applicant, dismiss or, in any case, dispose of the application in the absence of that party or may adjourn the hearing to a later date …".

3. On both sides of this case, there was a failure to attend or to be represented at the time and place fixed for the hearing. This had already occurred on a previous occasion. On that previous occasion, the proceedings were postponed.
4. On this occasion, we decided to dismiss the proceedings. Before doing so, the tribunal had regard to the Originating Application and to the Notice of Appearance. No representation in writing had been presented by either party in pursuance of Rule 8(4) of the Rules. No written answer had been required or furnished to the tribunal pursuant to Rule 4(3) of the Rules. Before deciding to dismiss proceedings, the tribunal noted the incidence of the burdens of proof in unfair dismissal cases and in breach of employment contract cases. (The applicant's complaints in these proceedings were complaints of unfair dismissal and complaints in respect of failure to pay wages in lieu of notice).
5. The tribunal decided to dismiss these proceedings because it considered that this was the most appropriate option in the light of all the circumstances.

Chairman:

Date and place of hearing: 10 December 2003, Belfast.

Date decision recorded in register and issued to parties: