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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Magill v ABP Food Group Ltd Seamus Kenny [2013] NIIT 02343_12IT (08 March 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/2343_12IT.html
Cite as: [2013] NIIT 02343_12IT, [2013] NIIT 2343_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2343/12
CLAIMANT: Paul Magill
RESPONDENTS: 1. ABP Food Group Ltd
2. Seamus Kenny
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is as follows:-
(i) the second-named respondent, Seamus Kenny, was dismissed from the proceedings; and
(ii) the claimant’s claims are dismissed.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant was represented by Ms F Hunter, Solicitor, of G R Ingram, Solicitors.
The respondents were represented by Ms A McKibben, Solicitor, of Con Lavery & Company, Solicitors.
1. The second-named respondent, Seamus Kenny, was dismissed from the proceedings, which were claims of unfair dismissal and breach of contract. He was a manager of, not the employer of, the claimant, and was not therefore properly a party to the proceedings.
2. The title of the remaining respondent was amended to that now shown to reflect the fact that it is a limited liability company.
3. Following a brief opening statement from the claimant’s representative after which I rose for a short while to enable her to take further instructions, she indicated that she was content that I dismiss these claims, and I accordingly did so.
Chairman:
Date and place of hearing: 7 March 2013, Belfast
Date decision recorded in register and issued to parties: