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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Mann v Millbrook Removals Mr Freddy Bryans [2013] NIIT 1824_13IT (05 December 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1824_13IT.html
Cite as: [2013] NIIT 1824_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1824/13
CLAIMANT: Trevor Mann
RESPONDENTS: 1. Millbrook Removals
2. Mr Freddy Bryans
DECISION
The decision of the tribunal is that the claimant’s claim for breach of contract and/or unauthorised deductions from his wages is dismissed.
Constitution of Tribunal:
Chairman (sitting alone): Mr N Drennan QC
Appearances:
The claimant did not appear and was not represented.
The respondents were debarred from participating in the hearing as they had not presented a response within the relevant time limit.
Reasons
1. The claimant presented a claim to the tribunal on 15 October 2013, in which he made a claim for breach of contract and/or unauthorised deductions from his wages in the sum of £200, arising from a total of 30½ hours’ work and two overnights in relation to removal of furniture on behalf of the respondent. The respondents did not present to the tribunal a response, which they were required to do by 15 November 2013, as set out in the tribunal’s letters to the respondents dated 18 October 2013. In a letter dated 30 October 2013 the tribunal sent to the claimant a Notice of Hearing for a hearing of the claimant’s claim on 3 December 2013. The claimant did not attend the hearing and did not provide to the tribunal a reason for his non attendance; and no application for a postponement was received by the tribunal.
2. Under Rule 27 of the Industrial Tribunals Rules of Procedure 2005, it is provided:-
”….
(5) If a party fails to attend or to be represented (for the purpose of conducting the party’s case at the hearing under Rule 26) at the time and place fixed for such hearing, the tribunal may dismiss or dispose of the proceedings in the absence of that party or may adjourn the hearing to a later date.
(6) If a tribunal wishes to dismiss or dispose of proceedings in the circumstances described in paragraph (5), it shall first consider any information in its possession which has been made available to it by the parties.
…..”
3. In the claimant’s claim form, which was the only information in the tribunal’s possession, he has stated that his employment started with the respondents on 26 August 2013 and ended on 29 August 2013. He claims that he was paid for hours worked only. In paragraph 7.4 of the claim he has set out in some detail the number of hours which he states that he has worked for the respondents, amounting to 30½ hours for work and two overnights and that he is owed £200 by the respondent, which has not yet been paid. It is not apparent from the claimant’s claim form how he has calculated the said sum of £200 in relation to the 30½ hours for work and two overnights or whether his claim is gross or net. He has not provided any details in his claim form of the terms of his contract of employment and in particular how any payments for any hours worked are to be calculated, including for periods overnight. In the absence of the claimant giving oral evidence to prove his said claim, in particular in relation to the above matters and also to provide confirmation that the said sum has not yet been paid, I was not prepared, in the circumstances, to make any declaration and/order for the payment of the sum claimed by the claimant. The claimant was given notice of the Hearing but he did not appear and provided no explanation to the tribunal for his non attendance. On my direction, the tribunal sought to contact him on his mobile telephone but without any success.
4. In the circumstances and having regard to the terms of the overriding objective, I therefore dismissed the claimant’s claim against the respondents for unauthorised deduction from his wages and/or breach of contract.
Chairman:
Date and place of hearing: 3 December 2013, Belfast
Date decision recorded in register and issued to parties: