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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCann v Fiona Baxter [2010] NIIT 7344_09IT (08 June 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/7344_09IT.html
Cite as: [2010] NIIT 7344_9IT, [2010] NIIT 7344_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 7344/09
CLAIMANT: Martina McCann
RESPONDENT: Fiona Baxter
DECISION
The claimant’s claim of unfair dismissal by the respondent is dismissed. No Order for costs.
Constitution of Tribunal:
Chairman: Mrs M Watson
Panel Members: Mr J Devlin
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear and was not represented.
1.
There was no appearance by either
party. The claimant’s representative had come off record some time ago because
they had not had any contact with her for some time. The respondent’s
Solicitor had made written submissions to the tribunal.
2.
The tribunal decided to dispose
of the proceedings under Rule 27(5) of the Industrial Tribunal (Constitution
and Rules of Procedure) Regulations (Northern Ireland) 2005.
3.
In disposing of the proceedings,
the tribunal considered the information in its possession under Rule 27(6).
This included a letter sent by fax and received on
1 June 2010 from the respondent’s Solicitors.
4.
The letter referred the tribunal
to a previous letter dated 21 May 2010 they had sent requesting that the
claim be struck out for want of prosecution by the claimant who had failed to
comply with an earlier tribunal Order for Discovery.
5.
The respondent also applied for
the respondent’s costs to date and requested that the letter be treated as
written submissions to save further costs.
6.
Under Rule 38(a) of the 2005
Regulations, no costs shall be made unless the tribunal has given the party
against whom the Order may be made, the opportunity to give reasons why the
Order should not be made.
7.
The claimant has not responded to
any of the previous correspondence sent to her by anyone, including her own
legal representatives and the tribunal.
8. In all the circumstances, the tribunal determined that the most appropriate and cost efficient way to dispose of this claim is to dismiss it.
Chairman:
Date and place of hearing: 2 June 2010, Belfast
Date decision recorded in register and issued to parties: