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Loughran v Moy Park Ltd (Unfair Dismissal) [2003] NIIT 1298_03 (16 December 2003)

INDUSTRIAL TRIBUNALS

CASE REF: 1298/03

APPLICANT: Matthew Loughran

RESPONDENT: Moy Park Limited

DECISION

The unanimous decision of the tribunal is that the applicant was not unfairly dismissed contrary to Article 126 of the Employment Rights (Northern Ireland) Order 1996. Accordingly the applicant's complaint for unfair dismissal is dismissed.

Appearances:

The applicant was unrepresented and did not appear on his own behalf.

The respondent was represented by Mr R. Steer, Barrister-at-Law, instructed by Mr Conn Burns, a solicitor employed by the respondent company.

Summary Reasons

1. The applicant alleged that the respondent had treated him in such a manner that he was entitled to leave his employment on 30 April 2003. The respondent in his Notice of Appearance denied that the applicant had been dismissed but that he resigned. The respondent denied that any action of company employees was responsible for the applicant's resignation.
2. The tribunal considered the Originating Application as the evidence of the applicant and heard from a number of witnesses on behalf of the respondent.
3. The tribunal having heard the evidence and considering all the documentation before it found that the applicant became very agitated on 30 April 2003 and was intent on leaving his place of employment. The production manager Mr Rea wrote out the applicant's letter of resignation at the applicant's request. The tribunal was satisfied that fellow employees did not subject the applicant to any intimidation or harassment.
4. The tribunal considered Articles 126 and 127 of the Employment Rights (Northern Ireland) Order 1996. The tribunal considered the facts found and in particular the behaviour of the applicant on 30 April 2003. The tribunal concluded that the applicant had not been entitled on 30 April 2003 to terminate his employment without notice – Western Excavating (ECC) Ltd –v- Sharp [1978] 27 CA. Accordingly the applicant's complaint for unfair dismissal is dismissed.

Chairman:

Date and place of hearing: 16 December 2003, Belfast.

Date decision recorded in register and issued to parties: