Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McNulty v John J Doyle Ltd [2013] NIIT 01240_13IT (25 September 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1240_13IT.html
Cite as: [2013] NIIT 01240_13IT, [2013] NIIT 1240_13IT
[New search] [Printable RTF version] [Help]
THE INDUSTRIAL TRIBUNALS
CASE REF: 1240/13
CLAIMANT: Damien McNulty
RESPONDENT: John J Doyle Ltd
DECISION
The unanimous decision of the tribunal is that the claimant was not dismissed by the respondent and his claim is therefore dismissed.
Constitution of Tribunal:
Chairman: Ms E McCaffrey
Members: Mrs U Short
Mr J P Magennis
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
ISSUES
1. The issue for the tribunal to consider was whether the claimant had been unfairly dismissed by the respondent, whether by reason of redundancy or otherwise.
2. At the outset of the hearing, I advised the claimant that Mrs Short, one of the Panel Members had indicated to me that she believed she had gone to school with a sister of the respondent John Doyle and that she knew Mr Doyle slightly. He indicated that he had no objection to her being involved in the tribunal. The respondent did not appear and we heard evidence from the claimant and considered both the claim form and the response form which had been put before us.
3. We heard the claimant’s evidence and in particular his admissions that John Doyle of the respondent company had made it clear to him that he was not being sacked and not being made redundant, but that the respondent did not have work for him during the week commencing 24 June at the yard. Work had been assigned before the claimant had flatly refused on 21 June 2013 to return to a project that he had been working on in Finland. He had previously agreed to go and work in Finland and had made two previous trips there. It is our finding that the claimant was not unfairly dismissed by the respondent. We find that the claimant resigned his job. Accordingly his claim to the Industrial Tribunal is not well-founded and it is our unanimous decision that the claim should be dismissed.
Chairman:
Date and place of hearing: 17 September 2013, Belfast.
Date decision recorded in register and issued to parties: