Bernotaite v Brown [2007] NIIT 947_06 (2 March 2007)
The claimant failed to attend the hearing and provided no evidence to discharge the burden of proof; therefore, the claim for breach of contract is dismissed.
Source-derived case information.
- Citation
- [2007] NIIT 947_06
- Parties
- Claimant: Rasa Bernotaite; Respondent: Barry Brown
- Jurisdiction
- Northern Ireland
- Judgment Date
- 02 March 2007
- Procedural Posture
- Industrial Tribunal / Final Decision After Hearing; Claimant Absent
- Outcome
- Both the claimant's claim and the respondent's counterclaim are dismissed.
- Legal Topics
- Breach of Contract, Wages, Dismissal of Claim, Counterclaim
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rasa Bernotaite
Claimant
Barry Brown
Respondent
Procedural Posture
Industrial Tribunal / Final Decision After Hearing; Claimant Absent
Legal Issues
- 1 Whether the respondent was in breach of contract for failing to pay further wages to the claimant
- 2 Whether the respondent's counterclaim for breach of contract should succeed
Ratio Decidendi
The claimant failed to attend the hearing and provided no evidence to discharge the burden of proof; therefore, the claim for breach of contract is dismissed.
Court Disposition
Both the claimant's claim and the respondent's counterclaim are dismissed.
Orders
- Claimant's claim for breach of contract is dismissed.
- Respondent's counterclaim for breach of contract is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Industrial Tribunals Northern Ireland Decisions You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Bernotaite v Brown [2007] NIIT 947_06 (2 March 2007) URL: https://www.bailii.org/nie/cases/NIIT/2007/947_06.html Cite as: [2007] NIIT 947_6, [2007] NIIT 947_06 [ New search ] [ Printable RTF version ] [ Help ] THE INDUSTRIAL TRIBUNALS CASE REF: 947/06 1069/06 CLAIMANTS: Rasa Bernotaite Barry Brown RESPONDENTS: Barry Brown Rasa Bernotaite DECISION The decision of the tribunal is that the claimant's claim for breach of contract is dismissed and the respondent's counterclaim for breach of contract is dismissed. Constitution of Tribunal: Chairman: Ms F Oliver Appearances: The claimant was unrepresented and did not attend. The respondent appeared and represented himself. 1. The issue for the tribunal was whether the respondent was in breach of contract in failing to pay further wages to the claimant. The respondent indicated that he did not wish to pursue his claim for reimbursement of £39.00. 2. The claimant had been notified of the date of hearing and did not attend, without explanation. 3. The tribunal decided to dispose of the proceedings in the absence of the claimant pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005. 4. The tribunal considered the originating claim of the claimant and the respondent's response. In the absence of oral or further written evidence from the claimant, the tribunal finds that the claimant has not discharged the burden of proving on the balance of probability that the respondent was in breach of contract. Accordingly, the claimant's claim is dismissed. Chairman: Date and place of hearing: 25 January 2007, Belfast. Date decision recorded in register and issued to parties: 00947-06 it cm . BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/nie/cases/NIIT/2007/947_06.html