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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Smyth v IM Windows and Conservatories Ltd [2007] NIIT 2415_06 (3 April 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/2415_06.html
Cite as: [2007] NIIT 2415_06, [2007] NIIT 2415_6
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2415/06
CLAIMANT: Hugh Patrick Smyth
RESPONDENT: I M Windows and Conservatories Ltd
DECISION
The unanimous decision of the tribunal is that the claimant's claims for breach of contract, notice pay and holiday pay are dismissed.
Constitution of Tribunal:
Chairman: Ms F Oliver
Panel Members: Mr A MacLaughlin
Mr I Rosbotham
Appearances:
The claimant did not appear, nor was he represented.
The respondent did not appear, nor was he represented.
The first issue for the tribunal was:-
“Whether the respondent was in breach of contract in failing to pay further wages to the claimant and in failing to reimburse the claimant for a missing spirit level.”
The second issue was:-
“Whether the claimant was entitled to one week's notice pay.”
The third issue was:-
“Whether the claimant was entitled to holiday pay.”
The claimant attended at the Tribunal Office on 4 January 2007 and indicated that he would not be attending the hearing but he wished the hearing to proceed in his absence. He left a bundle of documents for the tribunal to consider. The respondent had been notified of the date of hearing and did not attend, without explanation.
The tribunal decided to dispose of the proceedings in the absence of the parties, pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
The tribunal considered the originating claim of the claimant, the respondent's response and the bundle of documents left by the claimant on 4 January 2007. There was a conflict in the evidence. The tribunal finds that the claimant has not discharged the burden of proving on the balance of probability that the respondent was in breach of contract and has not discharged the burden of proof proving on the balance of probability that he was entitled to unpaid notice pay and holiday pay. Accordingly, all the claimant's claims are dismissed.
Chairman:
Date and place of hearing: 25 January 2007, Belfast
Date decision recorded in register and issued to parties: