Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2323/04

APPLICANT: Liam Gorrell

RESPONDENTS: 1. Strain Engineering

2. Alan Mulholland

DECISION

The unanimous decision of the tribunal is that the applicant's claim for breach of contract and failure to provide reasons for dismissal should be dismissed.

Appearances:

The applicant did not appear although the applicant entered an application to the Industrial Tribunal which was received by the tribunal on 6 August 2004.

The respondent did not appear, did not instruct any representation and did not file a notice of appearance with the tribunal. Pursuant to Rule 11(3) of the Industrial Tribunals (Constitution & Rules of Procedure) Regulations (Northern Ireland) 2004, the tribunal considered the application of the applicant in his absence prior to dismissing the case.

Summary Reasons

1. From the application of the applicant, the applicant was employed as an Office Manager with the respondent for 1¹/₂ years. He had been absent on grounds of sickness and received a letter of termination of employment on 14 June 2004. The applicant required reasons for his dismissal and an appeal against the decision. He required the tribunal to adjudicate upon his claims for one week's pay in lieu of notice and failure to receive written reasons for dismissal. The applicant did concede that he had received all sick pay and holiday pay due to him.
2. In the absence of the applicant appearing before the tribunal to give evidence, the tribunal had insufficient evidence upon which to decide the issues before it and accordingly dismissed the applicant's claim.

Chairman:

Date and place of hearing: 8 December 2004, Belfast

Date decision recorded in register and issued to parties: