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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Walmsley v David Baird T/A Palm Bush Fill... [2010] NIIT 1629_02IT (08 November 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/1629_02IT.html
Cite as: [2010] NIIT 1629_2IT, [2010] NIIT 1629_02IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1629/02
CLAIMANT: Wendy Walmsley
RESPONDENT: David Baird
T/a Palm Bush Filling Station
DECISION
The unanimous decision of the tribunal is that the claimant’s complaints of breach of contract, breach of the Employment Rights (Northern Ireland) Order, wrongful dismissal, unfair dismissal and sex discrimination are dismissed.
Constitution of Tribunal:
President: Eileen McBride CBE
Members: Jim Welsh
Bill Irwin
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear and was not represented.
1. On 8 July 2002 the claimant presented a claim in which she made complaints of breach of contract, breach of the Employment Rights (Northern Ireland) Order 1999, wrongful dismissal, unfair dismissal and indirect sex discrimination against the respondent.
2. The tribunal was unable to serve documents on the respondent at the address provided by the claimant’s then solicitor and an alternative address could not be provided.
3. Eventually on 2 July 2010 an Order substituting service on the respondent was made in which the respondent was notified by way of advertisement that if he wished to receive a copy of the claim form, the Notice of Hearing or the written decision following any such Hearing, he should provide a current address to the Secretary to the Tribunals. The Tribunal Office has received no communication from the respondent since that Order was made.
4. A Notice of Hearing was issued to the claimant on 2 September 2010 for this Hearing.
5. On 3 November 2010, the Tribunal Office was informed by the claimant’s husband that she did not intend to attend the Hearing and that she was happy for the Hearing to take place in her absence. The respondent did not attend the Hearing either.
6. Where either or both parties fail to attend or to be represented at the Hearing, under Rule 27(5) of the Industrial Tribunals Rules of Procedure 2005, the tribunal may dismiss or dispose of the proceedings in their absence or may adjourn the Hearing to a later date. As the Tribunal Office have been informed that the claimant was happy for the Hearing to proceed in her absence and as the respondent had not contacted the Secretary to the Tribunals, the tribunal decided to dismiss or dispose of the proceedings in the absence of the parties.
7. Rule 27(6) provides that if a tribunal wishes to dismiss or dispose of proceedings in the absence of the parties, it shall first consider any information in its possession which has been made available to it by the parties. The only information which had been made available to the tribunal by the parties is the claim form which the Tribunal Office received on 8 July 2002. That claim form set out the claimant’s contentions or allegations in relation to her complaints. However the tribunal received no oral or documentary evidence to substantiate those contentions or allegations. In the absence of any evidence to substantiate those allegations, the tribunal cannot be satisfied that the claimant has proved her claims which are therefore dismissed.
______________________________________
E McBride CBE
President
Date and place of hearing: 4 November 2010, Belfast
Date decision recorded in register and issued to parties: