FAIR EMPLOYMENT TRIBUNAL

CASE REF:	00170/99FET
01674/99UD

APPLICANT:	Gerald Fitzpatrick

RESPONDENT:	Commissioners of Customs & Excise  

DECISION
The unanimous decision of the Tribunal is that the applicant was not unfairly dismissed by the respondent.  He was not discriminated against on the grounds of either his religious or political belief.   The applications are dismissed.

Appearances:
The applicant did not attend and was not represented.
The respondent was represented by Mr Hopley, Barrister-at-Law, instructed by Mr Conn of the Crown Solicitor’s Office

1.	By Originating Application lodged on 23 April 1999 the applicant alleged that he was unfairly dismissed by the respondent.  He also alleged that he was treated unfairly because of his religious or/and political belief.  The applicant failed to attend the hearing of this application and in his absence the Tribunal considered the contents of his Originating Application.  The applicant failed to present any other evidence in support of his claims.

2.	The Tribunal heard evidence from Ms Ruth Parsons who was the Head of Personnel and Finance for the Scottish division of the respondent.  Ms Parsons was asked to investigate a harassment claim made against the applicant by another staff member.  It was this allegation which gave rise to disciplinary action against the applicant.  Ms Parsons gave evidence of her investigation of the allegations and her conclusion that she recommended to Mr Logan, the Head of Northern Ireland Customs & Excise that the applicant should be dismissed.  The applicant subsequently appealed his dismissal to the Civil Service Appeal Board and the appeal was also dismissed.

3.	The Tribunal firstly considered the question of discrimination on the grounds of the applicant’s religious or political opinion.  No details of this allegation was contained in his Originating Application and no evidence was presented by or on behalf of the applicant to substantiate it.  In view of this the Tribunal dismissed that application.

4.	In relation to the unfair dismissal claim the Tribunal considered the evidence presented on behalf of the respondent in relation to the investigations which took place into the alleged harassment.  The Tribunal also considered the procedures adopted by the respondent and the opportunities given to the applicant to present his side of the argument.

5.	In the absence of contrary evidence and having considered the contents of the Originating Application the Tribunal found that the respondent had dealt fairly with the applicant and that he was not unfairly dismissed.

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Date and place of hearing:  4 February 2002, Belfast

Date decision recorded in register and issued to parties: 5 February 2002