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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Loughran v Seamus McCallan [2009] NIIT 6164_09IT (13 October 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/6164_09IT.html
Cite as: [2009] NIIT 6164_09IT, [2009] NIIT 6164_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6164/09
CLAIMANT: Peter Loughran
RESPONDENT: Seamus McCallan
DECISION
The decision of the tribunal is that the tribunal is not satisfied that the claimant is owed any sums on foot of his contract of employment with the respondent or that the claimant’s claim that the respondent has made an unauthorised deduction from his wages is well-founded. The claimant’s claim is therefore dismissed.
Constitution of Tribunal:
Chairman (sitting alone): Mr N Drennan QC
Appearances:
The claimant did not appear nor was he represented.
The respondent did not appear and was not represented.
Reasons
1. The claimant presented a claim to the tribunal on 9 June 2009. In his claim form he made a claim in respect of certain sums, which he claimed were due and owing on foot of his contract of employment with the respondent. In the alternative, he made a claim that the respondent had made an unauthorised deduction from his wages. The said claim was accepted by the tribunal and a response was required to be received from the respondent by 31 August 2009. No response was received by the tribunal from the respondent.
2. As set out above, the claimant did not appear at the hearing of this matter. I directed the tribunal clerk, in the circumstances, to try to contact the claimant. It became clear, following contact, by telephone, made by the tribunal clerk with the claimant that he was aware of the date of hearing but had decided not to appear at this hearing. I therefore decided to proceed to hear and determine the claimant’s claim in the absence of the claimant.
3. The claimant did not submit, prior to this hearing, written representations for consideration at the hearing, pursuant to Rule 14(5) of the Rules of Procedure. Before reaching my decision in this matter, I considered the terms of the claimant’s claims, as set out in the said claim form presented to the tribunal on 9 June 2009 pursuant to Rule 27(5) of the Rules of Procedure. In the absence of any oral evidence, on behalf of the claimant, giving precise details of how any of the sums referred to in the claim form were made up and/or to what the said sums specifically related and/or the precise circumstances in which they came, as alleged by him, to be owed to him by the respondent and/or the dates when they came to be owed, I was not satisfied that the claimant was owed any sums on foot of his contract of employment with the respondent. Further, in the alternative, I was not satisfied that the claimant’s claim the respondent had made an unauthorised deduction from his wages was well-founded. In the circumstances, the claimant’s claim is therefore dismissed.
Chairman:
Date and place of hearing: 30 September 2009, Belfast
Date decision recorded in register and issued to parties: