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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McMaster v Margaret Scott Tom Scott Truckalign NI [2013] NIIT 00635_13IT (21 August 2013) URL: http://www.bailii.org/nie/cases/NIIT/2013/635_13IT.html Cite as: [2013] NIIT 00635_13IT, [2013] NIIT 635_13IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 635/13
CLAIMANT: Stephen McMaster
RESPONDENTS: 1. Margaret Scott
2. Tom Scott
3. Truckalign NI
DECISION
The proceedings are dismissed.
Constitution of Tribunal:
Chairman: Mr P Buggy
Members: Dr C Ackah
Mr A Crawford
Appearances:
The claimant was not present or represented.
The respondents were represented by Mr A Ferguson of Personnel and Training Services.
REASONS
1. The claimant was not present or represented at the time fixed for this main hearing. He had previously been directed to provide written witness statements and had failed to do so. We asked the tribunal clerk to telephone the claimant, at the number given by the claimant. She did so. Our understanding is that there was no answer.
2. We are unaware of any good reason for the non-attendance of the claimant at this hearing.
3. Paragraph (5) of Rule 27 of the Industrial Tribunals Rules of Procedure is in the following terms:
“(5) If a party fails to attend or to be represented (for the purpose of conducting the party’s case at [the main hearing]) at the time and place fixed for such hearing, the tribunal may dismiss or dispose of the proceedings in the absence of that party or may adjourn the hearing to a later date.”
4. Accordingly, if the precondition (of non-attendance), as set out in Rule 27(5), exists, three options are available to the tribunal (see below).
5. Those options are as follows:
(1) to dismiss the proceedings;
(2) to dispose of the hearing in the absence of a claimant; or
(3) to adjourn the hearing to a later date.
6. We know of no good reason for the claimant’s non-attendance. Against that background, we consider it to be inappropriate to postpone the hearing and we consider it to be appropriate to dismiss the proceedings.
7. When this Decision is issued to the parties, it will be accompanied by information regarding the right of a party to apply for review of a tribunal Decision. In the context of any such application for review, the question of whether or not there was any good reason for the claimant’s absence would obviously be a relevant consideration.
Chairman:
Date and place of hearing: 15 August 2013, Belfast.
Date decision recorded in register and issued to parties: