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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Scott v Rymor Inns Ltd Danny Morton Steven Cowan [2013] NIIT 00661_12IT (17 January 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/661_12IT.html
Cite as: [2013] NIIT 661_12IT, [2013] NIIT 00661_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 661/12
CLAIMANT: Jennifer Scott
RESPONDENTS: 1. Rymor Inns Ltd
2. Danny Morton
3. Steven Cowan
DECISION
The unanimous decision of the tribunal is that the claims of the claimant against all three respondents were dismissed. Oral reasons for the decision were given at the hearing.
Constitution of Tribunal:
Vice President: Mr N Kelly
Members: Mrs L Gilmartin
Mrs M Heaney
Appearances:
The claimant appeared in person and was not represented.
The first named respondent did not appear and its response had been previously struck out.
The second named respondent did not appear and was not represented.
The third named respondent did appear in person and was unrepresented.
1. The claimant confirmed that she made no allegation against the second named respondent, Mr Morton, and that he had been named as a respondent solely because he had been a Director of the first named respondent, which was a limited company. The position relating to limited companies and directors was explained to the claimant and following discussion, the panel determined that the claim against the second named respondent should be struck out in its entirety.
2. Mr Cowan appeared on his own behalf and was uncertain about his role in relation to the first named respondent. He indicated that the first named respondent had asked him to act on his behalf. I pointed out that the response had been struck out and the first named respondent had no right to take part in these proceedings.
3. The claimant and the third named respondent had provided witness statements. Each swore or affirmed to their statements and was then cross-examined and re-examined.
4. The hearing lasted for two days – Monday 14 and Tuesday 15 January 2013. On the afternoon of Tuesday 15 January 2013, the evidence concluded. The panel rose to consider its decision and returned after some 20 minutes to issue its decision orally with oral reasons given.
5. The decision of the panel was that the claims of constructive unfair dismissal, breach of contract, unauthorised deduction of wages, holiday pay and unlawful discrimination were all dismissed.
Vice President:
Date and place of hearing: 14 and 15 January 2013, Belfast
Date decision recorded in register and issued to parties: