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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Toland v Mechanics Institute Sports & S... [2010] NIIT 07164_09IT (18 February 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/07164_09IT.html
Cite as: [2010] NIIT 07164_09IT, [2010] NIIT 7164_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 07164/09
CLAIMANT: John Toland
RESPONDENT: Mechanics Institute Sports & Social Club
DECISION
The unanimous decision of the tribunal is that the claim be dismissed. There was no appearance by or on behalf of the claimant. The respondent filed no response and made no appearance before the tribunal.
Constitution of Tribunal:
Chairman: (sitting alone) Mr. M Davey
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear and was not represented.
REASONS
1. Notice of the hearing of the matter was issued on 15 October 2009 well in excess of the period of 14 days required by the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (“the Regulations”), the respondent had not filed a response in this matter. Neither the respondent nor the claimant attended at the hearing.
2. The Regulations provide that if a party fails to attend or to be represented at the hearing the tribunal may dismiss or dispose with proceedings in the absence of that party provided that it must first consider any information in its possession which has been made available to it by the parties.
3. In this case correspondence between the parties was made available. On the face of the correspondence there was a clear dispute between the parties as to whether
the claimant was dismissed at all. In the absence of further evidence from either party the tribunal was unable to determine whether the claimant had been dismissed or whether if he had been so dismissed any and if so what remedy should be made available to him. In the absence of such evidence the claim falls to be dismissed.
Chairman:
Date and place of hearing: 27 January 2010, Belfast.
Date decision recorded in register and issued to parties: