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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Goller v Mark Kelly t/a Painting and De... [2010] NIIT 01122_10IT (25 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01122_10IT.html
Cite as: [2010] NIIT 01122_10IT, [2010] NIIT 1122_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 1122/10
1124/10
1126/10
1233/10
1237/10
1238/10
CLAIMANTS: Laszlo Goller
Adam Goller
Szabolcs Kapus
RESPONDENT: Mark Kelly t/a KPC Painting and Decorating and Spraying Specialist
DECISION
The unanimous decision of the tribunal is as follows:-
(i) In relation to the claims of Laszlo Goller and Adam Goller, settlements have been concluded between the parties as a result of conciliation action by the Labour Relations Agency. The settlements include agreements by the claimants to refrain from continuing these proceedings.
(ii) The claims of Szabolcs Kapus are dismissed.
Constitution of Tribunal:
Chairman: Mr D Buchanan
Members: Mr D Hampton
Mrs M Heaney
Appearances:
The first and second-named claimants appeared in person.
The third-named claimant did not appear, nor was he represented.
The respondent was represented by Mr J Kennedy, Barrister-at-Law, instructed by J Fahy & Company, Solicitors.
1 In relation to the claims of Laszlo Goller and Adam Goller, settlements have been concluded between the parties as a result of conciliation action by the Labour Relations Agency. The settlements include agreements by the claimants to refrain from continuing these proceedings.
2(i) The claims of the third-named claimant are dismissed. He did not attend the proceedings. Notice of Hearing was issued on 21 September 2010 and the third-named claimant, along with the other two claimants, was legally represented by the same firm of solicitors until they came off record on Friday 7 January 2011. It appears he is currently in Hungary. Notwithstanding this, we are satisfied that he was aware of the proceedings as there was a suggestion that he might attend at some undefined stage of the 15 days set aside for the hearing. However, he had not made any contact with the tribunal.
(ii) Before dismissing his claims, we had regard to the contents of his claim forms, the issues before us (which included time and jurisdiction issues), and the onus of proof on him in relation to these matters.
Chairman:
Date and place of hearing: 10 January 2011, Belfast
Date decision recorded in register and issued to parties: