Fitzsimmons v David Cook [2011] NIIT 2159_10IT (19 January 2011)

The dismissal was automatically unfair due to non-compliance with statutory procedures, warranting a basic award of four weeks' pay; no compensatory award was made as dismissal was within the range of reasonable responses and the claimant did not attend to provide evidence.

Citation: [2011] NIIT 2159_10IT
Parties: Claimant: Natasha Fitzsimmons; Respondent: David Cook; Respondent: Philip Cook
Jurisdiction: Northern Ireland
Judgment Date: 19 January 2011
Procedural Posture: Industrial Tribunal / Final Decision
Outcome: Claimant was unfairly dismissed; awarded basic compensation; other claims dismissed.
Legal Topics: Unfair Dismissal, Unlawful Deduction From Wages, Statutory Dismissal Procedures

Employment Law Unfair Dismissal Unlawful Deduction From Wages Statutory Dismissal Procedures

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4

Parties

Natasha Fitzsimmons

Claimant

David Cook

Respondent

Philip Cook

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

1 Whether the claimant was unfairly dismissed
2 Whether statutory dismissal and disciplinary procedures were followed
3 Whether the claimant was entitled to compensation for unlawful deductions from wages

Ratio Decidendi

Court Disposition

Claimant was unfairly dismissed; awarded basic compensation; other claims dismissed.

Orders

Award of £256.80 to claimant for unfair dismissal
Claim for unlawful deductions from wages dismissed