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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Murphy v Julie McBride, Venture Portrai... Department for Employment & Le... Everlong Photograghic Ltd (in ... [2013] NIIT 01047_13IT (26 September 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1047_13IT.html
Cite as: [2013] NIIT 01047_13IT, [2013] NIIT 1047_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1047/13
CLAIMANT: Frances Catherine Murphy
RESPONDENTS: 1. Julie McBride, Venture Portraits
2. Department for Employment & Learning
3. Everlong Photographic Ltd (in liquidation)
DECISION
The unanimous decision of the tribunal is that the claimant’s case should be dismissed.
Constitution of Tribunal:
Chairman: Miss E McCaffrey
Members: Mr S Pyper
Ms E May
Appearances:
The claimant did not appear and was not represented.
The first and third-named respondents did not appear and were not represented.
The second-named respondent was represented by Mr P Curran, of Department for Employment & Learning.
1. This matter was listed for hearing following a Case Management Discussion on 31 July 2013 when it was noted that the claimant and some other employees were in fact correctly the employees of the third-named respondent. He confirmed that this company had been subject to a Compulsory Winding-up Order on 23 May 2013. The claimant had not attended the Case Management Discussion and accordingly I directed that the third-named respondent should be added as an additional respondent in the matter.
2. Following that Case Management Discussion, the second-named respondent indicated that a number of payments had been made to the claimant and other employees of the third-named respondent. Specifically, redundancy payment, notice pay, arrears of pay and holiday pay had been paid to her, the last payment having been made on 3 September 2013.
3. Given that the claimant had not attended the hearing and, despite efforts by staff at the Office of the Tribunals to contact her, had not contacted the office. It appears to us that she does not wish to pursue this claim. Indeed any amounts due to her and for which the second-named respondent may be liable have been paid. Both the first-named respondent and the third-named respondent now appear to be insolvent.
4. Accordingly, we unanimously dismiss the claim against all respondents.
Chairman:
Date and place of hearing: 24 September 2013, Belfast
Date decision recorded in register and issued to parties: