Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 9233/03

CLAIMANT: James Nathaniel Adamson

RESPONDENTS: 1. Open Air Global Fundraising Limited

2. Fruitful Fundraising (Face to Face) Limited –

in Administration

DECISION

The unanimous decision of the tribunal is that the claimant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of The Employment Rights (Northern Ireland) Order regarding a minimum period of continuous employment and his application is dismissed.

Appearances:

The claimant appeared in person.

The respondent did not appear and was not represented.

A letter on the file from the administrator consenting to the proceedings was noted.

1. The claimant in his originating application complained of unfair dismissal contrary to the provisions of Article 126 of the Employment Rights (Northern Ireland) Order 1996 (" The Order").

Article 126 provides that an employee has the right not to be unfairly dismissed by his employer.

2. The respondent in its notices of appearance contended that the claimant did not have one year's continuous employment and was thereby disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of The Order.

Article 140 provides that Article 126 does not apply to the dismissal of an employee unless he has been continuously employed for a period not less than one year ending with the effective date of termination.

3. The claimant contended in evidence that his dismissal came within the provisions of Article 135(1) of the Order and that consequently Article 140(3) of the Order applied and as a result one years continuous employment was not necessary in order to acquire the right not to be unfairly dismissed.

Article 135(1) provides as follows:-

An employee who is dismissed shall be regarded for the purposes of this part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee:-

(a) brought proceedings against the employer to enforce a right of his which is a relevant statutory right, or

(b) alleged that the employer had infringed a right of his which is a relevant statutory right.

4. The tribunal found as a fact that the claimant was employed by the respondent from a date in or around May 2003 until 18 October 2003.
5. The tribunal considered the claimant's evidence together with the IT1, the IT3, two copies of a contract of employment, one of which was signed by the claimant and pay slips furnished to the claimant during the course of his employment.
6. The tribunal found that the reason for the claimant's dismissal was that he disputed his wages each month.

This does not amount to a dismissal under Article 135 of the Order. Accordingly, the tribunal unanimously finds that the claimant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Order regarding a minimum period of continuous employment.

Chairman:

Date and place of hearing: 27 May 2005, Belfast.

Date decision recorded in register and issued to parties: