2343_12IT Magill v ABP Food Group Ltd Seamus Kenny [2013] NIIT 02343_12IT (08 March 2013)

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Magill v ABP Food Group Ltd Seamus Kenny [2013] NIIT 02343_12IT (08 March 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/2343_12IT.html
Cite as: [2013] NIIT 2343_12IT, [2013] NIIT 02343_12IT

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THE INDUSTRIAL TRIBUNALS

 

CASE REF:   2343/12

 

 

 

CLAIMANT:                      Paul Magill

 

 

RESPONDENTS:              1.       ABP Food Group Ltd

                                        2.       Seamus Kenny

 

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is as follows:-

 

(i)       the second-named respondent, Seamus Kenny, was dismissed from the proceedings; and

 

(ii)      the claimant’s claims are dismissed.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr D Buchanan

 

Appearances:

The claimant was represented by Ms F Hunter, Solicitor, of G R Ingram, Solicitors.

The respondents were represented by Ms A McKibben, Solicitor, of Con Lavery & Company, Solicitors.

 

1.       The second-named respondent, Seamus Kenny, was dismissed from the proceedings, which were claims of unfair dismissal and breach of contract.  He was a manager of, not the employer of, the claimant, and was not therefore properly a party to the proceedings.

 

2.       The title of the remaining respondent was amended to that now shown to reflect the fact that it is a limited liability company.

 

3.       Following a brief opening statement from the claimant’s representative after which I rose for a short while to enable her to take further instructions, she indicated that she was content that I dismiss these claims, and I accordingly did so.

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         7 March 2013, Belfast

 

 

Date decision recorded in register and issued to parties:


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