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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Cooper v Jonathan McCloskey [2011] NIIT 359_10IT (12 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/359_10IT.html
Cite as: [2011] NIIT 359_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 359/10
CLAIMANT: Kerry Cooper
RESPONDENT: Jonathan McCloskey
DECISION
The decision of the tribunal is that the claim is dismissed under rule 27(5) of the Industrial Tribunals Rules of Procedure due to the claimant’s failure to attend the hearing of her claim.
Constitution of Tribunal:
Chairman (sitting alone): Mr I Wimpress
Appearances:
The claimant did not appear and was not represented
The respondent did not appear and was not represented
The Claim and the Response
1. The claimant’s claims in respect of breach of contract (holiday pay), the right to receive particulars of contract and the right to receive an itemised pay statement were accepted by the tribunal. A claim in respect of the failure to pay wages or unauthorised deduction from wages was rejected. The respondent did not file a response.
2. This claim was previously listed for hearing on 28 July 2010 and 21 September 2010. The claimant failed to attend either hearing. Nor did the respondent attend. When the claim was listed on 28 July 2010, the tribunal office made contact with the claimant by telephone and the claimant advised that she had not received the Notice of Hearing. She confirmed however that the address held by the tribunal office for her was correct. The claimant also stated that at that minute she was in Liverpool. The claimant was informed that the claim would be re-listed.
3. The claimant again failed to attend on 21 September 2010. There was some confusion as to how the matter was dealt with on that occasion and as a result it was not disposed of. The claimant was contacted by the tribunal office on 5 November 2010 and she advised the clerk that she had not received the Notice of Hearing in respect of the hearing on 21 September 2010 and had overlooked the Notice of hearing in respect of the previous hearing. The claimant further stated that the respondent “had done a runner to Spain” and that she wouldn’t be able to get the £1,600.00 that he owed her and that she “may as well not bother” proceeding with her claim. The claimant was advised that the tribunal could dispose of the matter in the absence of a party or the parties and that if she wished she could write to the tribunal office and withdraw her claim. Finally, the claimant was advised that if the matter was not withdrawn within the next seven days a further Notice of Hearing would be issued.
4. The claimant did not withdraw the claim and a further Notice of Hearing was issued on 23 November 2010 listing the claim for hearing on 15 December 2010. When the matter came before me on 15 December 2010 there was no appearance by either party.
5. The claimant has failed to attend the hearing of her claim on three separate occasions. In these circumstances it is abundantly clear that the claimant has no interest in pursuing her claim and I consider that the appropriate course is to dismiss the claim pursuant to rule 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
Chairman:
Date and place of hearing: 15 December 2010, Belfast
Date decision recorded in register and issued to parties: