Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 392/15

CLAIMANT: Rolando Castillo

RESPONDENTS: 1. Giggle Water Group Limited

2. Lime & Mocha Limited (in liquidation)

3. Paul Savage

4. Anchorage Restaurant

DECISION

The decision of the tribunal is that the claimant's claims against the respondents and each of them for breach of contract (notice pay, holiday pay) and/or unauthorised deductions from wages are dismissed.

Constitution of Tribunal:

Employment Judge (sitting alone) Employment Judge Drennan QC

Appearances:

The claimant and the respondents did not appear and were not represented.

Reasons

1. The claimant presented claims to the tribunal on 26 February 2015 for breach of contract (notice pay, holiday pay) and/or unauthorised deduction from wages against the respondents. None of the respondents presented to the tribunal responses to the claims of the claimant.

1.2 Notice of Hearing, dated 2 June 2015, was sent to the claimant at his last known address and has not been returned by Royal Mail. In the circumstances, I am satisfied the Notice of Hearing was properly served in accordance with the rules of procedure. No explanation has been given to the tribunal by the claimant for his non attendance nor has the claimant made any application to the tribunal for postponement of the hearing.

1.3 Notices of Hearing, dated 2 June 2015, were sent to each of the respondents. The Notices of Hearing were not returned by Royal Mail by the third and fourth respondents. The Notices of Hearing sent to first and second respondents were returned by Royal Mail marked "refused'. The Notice of Hearing dated 2 June 2015, was reissued to the first respondent, by letter dated 23 June 2015, following clarification from Companies House of the correct amended address of the registered office of the first respondent. The Notice of Hearing and letter were not returned by Royal Mail. In the circumstances, I am satisfied that Notice of Hearing was properly served on the first, third and fourth respondents in accordance with the Rules of Procedure.

1.4 Following clarification by the Insolvency Service of the Department for Employment and Learning, the tribunal ascertained the second respondent had been wound up by order of the High Court of Justice in Northern Ireland, dated 15 January 2015, pursuant to the Insolvency (Northern Ireland) Order 1989. Proceedings against the second respondent cannot therefore be commenced or continued without leave of the High Court of Justice in Northern Ireland. No such leave has been granted to the claimant. In the circumstances, I amended the title of the second respondent, as set out above.

2. Having considered the claimant's claim form and the information contained therein, I decided, for the reasons set out below, to dismiss the claim of the claimant against the respondents and each of them, pursuant to rule 27 of the Rules of Procedure, in circumstances where the claimant, as set out above, failed to attend or to be represented to the hearing. For the claimant to be able to establish liability in respect of his said claims, he was required to show who was his employer at the relevant time. Having claimed against the respondents and each of them, it was not clear from his claim form who was the relevant employer at the relevant time, for the purposes of his said claims. I was not in a position, in the absence of the claimant to attend the hearing and give evidence, to determine this issue. The clams therefore must be dismissed.

Employment Judge:

Date and place of hearing: 30 July 2015, Belfast

Date decision recorded in register and issued to parties: