Industrial Tribunals Northern Ireland Decisions

Wilson v Ross Civil Engineering & Anor (No Dismissal) [2003] NIIT 1317_02 (24 January 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 1317/02

APPLICANT: Alastair Wilson

RESPONDENTS: 1. Ross Civil Engineering

2. James Ross

DECISION

The unanimous decision of the tribunal is that the applicant's case is dismissed, as the applicant has not proved that he was dismissed in law.

Appearances:

The applicant did not appear and did not instruct any representation but his Originating Application was considered pursuant to the provisions of Rule 9(3) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996.

The respondents were represented by Mr James Ross, the second respondent.

Summary Reasons

1. The applicant claimed in his Originating Application that he was told to pick up his P45 by the second respondent. The second respondent, both in his Notice of Appearance to the tribunal and in his evidence to the tribunal, which was given in a particularly frank and open manner, indicated that he did not dismiss the applicant and that the applicant in fact demanded his P45.
2. The tribunal finds that the applicant has not proved that he was dismissed in law and accordingly dismisses the claim of the applicant.

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Date and place of hearing: 24 January 2002, Belfast

Date decision recorded in register and issued to parties: