McAleese v Royal Hospitals Trust [2004] NIIT 9509_03 (25 March 2004)

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 9509/03

    APPLICANT: Peter McAleese

    RESPONDENT: Royal Hospitals Trust

    DECISION

    The unanimous decision of the tribunal is that the applicant's claim for unfair dismissal is dismissed.

    Appearances:

    The applicant was not present nor was he represented.

    The respondent was represented by Mr U Crothers, solicitor of Brangam Bagnall & Co.

  1. These reasons are given in summary form.

  2. The applicant claimed unfair dismissal. The respondent denied that the applicant had been dismissed and asserted that the tribunal did not have jurisdiction to deal with the claim as the applicant lacked the requisite period of continuous employment.

  3. The tribunal was satisfied that the applicant had been notified of the instant hearing. In the absence of the applicant, without explanation, the tribunal decided to hear the matter and it considered the originating application the Notice of Appearance, and the respondent's submissions.

  4. The tribunal made the following findings:-

    5. (a) The applicant was employed by the respondent as a domestic from 16 June 2003 to 24 November 2003.

    (b) The requisite period of continuous employment necessary to sustain a claim for unfair dismissal is 1 year.

    (c) The applicant's claim lacked the necessary 1 year's continuous employment.

    (d) None of the exceptions to the 1 year's continuous employment was applicable.

    (e) The tribunal lacks the jurisdiction to entertain the applicant's claim and accordingly his claim for unfair dismissal is dismissed.

    Chairman:

    Date and place of hearing: 25 March 2004, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9509_03.html