McDonagh v Lee Lavelle Paul Johnston Belfast City Sight Seeing Ltd Department for Employment and ... [2011] NIIT 00494_10IT (01 November 2011)
The proceedings were dismissed because the claimant was absent without explanation, and the tribunal exercised its discretion under rule 27(5) not to adjourn but to dismiss the claim.
- Citation
- [2011] NIIT 00494_10IT
- Parties
- Claimant: Myles McDonagh; Respondent: Lee Lavelle; Respondent: Paul Johnston; Respondent: Belfast City Sight Seeing Ltd; Respondent: Department for Employment and Learning
- Jurisdiction
- Northern Ireland
- Judgment Date
- 01 November 2011
- Procedural Posture
- Industrial Tribunal / Final Hearing Dismissal for Non Appearance
- Outcome
- Dismissed
- Legal Topics
- Wages, Holiday Pay, Notice Pay, Redundancy Pay, Statutory Guarantee, Dismissal for Non Appearance
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Myles McDonagh
Claimant
Lee Lavelle
Respondent
Paul Johnston
Respondent
Belfast City Sight Seeing Ltd
Respondent
Department for Employment and Learning
Respondent
Procedural Posture
Industrial Tribunal / Final Hearing Dismissal for Non Appearance
Legal Issues
- 1 Whether the claimant is entitled to employment debts including wages, holiday pay, notice pay, and redundancy pay
- 2 Whether the Department's decisions as statutory guarantor should be overturned
- 3 Whether the proceedings should be dismissed due to claimant's absence
Ratio Decidendi
The proceedings were dismissed because the claimant was absent without explanation, and the tribunal exercised its discretion under rule 27(5) not to adjourn but to dismiss the claim.
Court Disposition
Dismissed
Orders
- The proceedings are dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment