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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> O'Donnell v Paul Lynch, t/a Lynch's Coach ... [2013] NIIT 00806_13IT (30 August 2013) URL: http://www.bailii.org/nie/cases/NIIT/2013/806_13IT.html Cite as: [2013] NIIT 00806_13IT, [2013] NIIT 806_13IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 806/13
CLAIMANT: Hugo O’Donnell
RESPONDENT: Paul Lynch, t/a Lynch’s Coach Hire
DECISION
The unanimous decision of the tribunal is that the claimant’s claims for holiday pay, unfair dismissal, and for compensation for failure to provide written terms and conditions of employment are dismissed.
Constitution of Tribunal:
Chairman: Mr B Greene
Members: Mr J Hughes
Mr A Kerr
Appearances:
The claimant was represented by Mr Martin Corrigan, Solicitor of John McGale, Kelly and Co. Solicitors on 25 July 2013.
The claimant did not attend nor was he represented at the hearing on 21 August 2013.
The respondent was represented by Mr Paul Lynch.
1. The claimant claimed holiday pay, unfair dismissal and compensation for failure to provide to him in writing particulars of his main terms and conditions of employment.
2. At the outset of the hearing on 25 July 2013, the parties informed the tribunal that the issue of holiday pay had been resolved and that the claimant was withdrawing that claim. Accordingly the tribunal dismissed that claim.
3. The respondent accepted that he had not provided in writing to the claimant a statement of his main terms and conditions of employment.
4. The respondent disputed that the claimant had been dismissed and had been unfairly dismissed.
5. The tribunal found that on the basis of the incomplete evidence before it, it could not be satisfied that the claimant had been dismissed and therefore his claim for unfair dismissal must fail.
6. As the claimant had not succeeded in any other claim, the failure by the respondent to provide a statement of the main terms and conditions of employment does not attract any compensation.
7. Oral reasons were given at the hearing for the tribunal’s decision.
Chairman:
Date and place of hearing: 25 July 2013 and 21 August 2013, Belfast.
Date decision recorded in register and issued to parties: