Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:  1998/10

CLAIMANT:                          Tomas Kavaliauskis

RESPONDENTS:               1. Fisher Metal Engineering Ltd (in administrative

                                                receivership)

                                                2.  Fisher Metal Engineering LLP

DECISION

The claimant’s claims against both respondents are dismissed.

Constitution of Tribunal:

Chairman (sitting alone):             Mr Paul Buggy

Appearances:

There was no appearance by or on behalf of any of the parties.

REASONS

1.                  The claimant is one of a group of former employees of Fisher Metal Engineering LLP who have brought claims against that respondent in respect of employment-related debts.

2.                  Rule 27(5) of the Industrial Tribunals Rules provides that, if a party fails to attend or to be represented (for the purpose of conducting the party’s case at a main hearing), at the time and place fixed for the main hearing, the tribunal has a discretion either to dismiss or to dispose of the proceedings in the absence of that party, or the tribunal may, as an alternative, adjourn the hearing to a later date.

3.                  I know of no good reason for the non-attendance of the claimant at this hearing.  I note that he was not present at a previous Case Management Discussion (which was held in February 2011) and that, on that earlier occasion, he also gave no reason for his non-attendance.

4.                  Against that background, I decided that I would dispose of the proceedings in the claimant’s absence.  Because he was not present at this hearing, there was no adequate evidence available to support the claimant’s claims.  Accordingly, I dismissed all of those claims.

Chairman:

Date and place of hearing:          23 March 2011, Belfast.    

Date decision recorded in register and issued to parties: