Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 947/06

1069/06

CLAIMANTS: Rasa Bernotaite

Barry Brown

RESPONDENTS: Barry Brown

Rasa Bernotaite

DECISION

The decision of the tribunal is that the claimant's claim for breach of contract is dismissed and the respondent's counterclaim for breach of contract is dismissed.

Constitution of Tribunal:

Chairman: Ms F Oliver

Appearances:

The claimant was unrepresented and did not attend.

The respondent appeared and represented himself.

1. The issue for the tribunal was whether the respondent was in breach of contract in failing to pay further wages to the claimant. The respondent indicated that he did not wish to pursue his claim for reimbursement of £39.00.

2. The claimant had been notified of the date of hearing and did not attend, without explanation.

3. The tribunal decided to dispose of the proceedings in the absence of the claimant pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

4. The tribunal considered the originating claim of the claimant and the respondent's response. In the absence of oral or further written evidence from the claimant, 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. Accordingly, the claimant's claim is dismissed.

Chairman:

Date and place of hearing: 25 January 2007, Belfast.

Date decision recorded in register and issued to parties: