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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Mortimer v Vertical Wind Energy Ltd [2012] NIIT 01773_11IT (30 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01773_11IT.html
Cite as: [2012] NIIT 1773_11IT, [2012] NIIT 01773_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1773/11
CLAIMANT: Peter Mortimer
RESPONDENT: Vertical Wind Energy Ltd
DECISION
The decision of the tribunal is that the claims for a statutory redundancy pay, unpaid wages, notice pay, holiday pay and expenses are dismissed.
Constitution of Tribunal:
Vice President (sitting alone): Mr N Kelly
Appearances:
The claimant did not appear and was not represented.
The respondent had not entered a response, did not attend and was not represented.
1. The claimant had indicated in a telephone call to the Office of the Tribunals that he would not attend the hearing but asked the tribunal to take into account written submissions.
2. The claim was for a statutory redundancy payment, unpaid wages, notice pay, holiday pay and expenses.
3. The claim form and the written submissions do not disclose the date on which employment commenced, the length of service, or gross and net earnings. The claims for a statutory redundancy payment, unpaid wages, notice pay and holiday pay are therefore dismissed. There is insufficient detail to establish a claim. The tribunal cannot consider a claim without this basic information.
4. The claimant also seeks payment of £1,027.34 which he stated comprises unpaid expenses. The claimant has provided no details of these alleged expenses and no documentation to underpin the claim. There is no sworn evidence supporting the claim. In the absence of any particulars and supporting documentation, I cannot accept that the claimant has discharged the onus of proof. The fact that there has been no response, in the absence of any particulars, documentation or sworn evidence, is not enough for the tribunal to make an award.
Vice President:
Date and place of hearing: 24 January 2012, Belfast
Date decision recorded in register and issued to parties: