Dann v Kearney & Anor [1997] UKEAT 403_97_2107 (21 July 1997)

Dann v Kearney & Anor [1997] UKEAT 403_97_2107 (21 July 1997)

The Tribunal acted appropriately by proceeding in the employer's absence, considering the written and oral evidence before it, and providing adequate reasons for its decision. No arguable grounds for appeal were established.

Citation
[1997] UKEAT 403_97_2107
Parties
Appellant / Employer: Mr Dann; Respondent / Applicant: Mr Kearney; Respondent / Applicant: Mr Smale
Jurisdiction
United Kingdom
Judgment Date
21 July 1997
Procedural Posture
Appeal From Industrial Tribunal Decision / Preliminary Hearing Ex Parte
Outcome
Appeal dismissed at preliminary stage
Legal Topics
Unpaid Wages, Industrial Tribunal Procedure, Appeal Grounds
Employment Law Unpaid Wages Industrial Tribunal Procedure Appeal Grounds

Case Brief

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Parties

Mr Dann

Appellant / Employer

Mr Kearney

Respondent / Applicant

Mr Smale

Respondent / Applicant

Procedural Posture

Appeal From Industrial Tribunal Decision / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in failing to investigate or make findings on the detailed terms of the contracts
  2. 2 Whether the Tribunal failed to analyse whether the sums claimed were properly due
  3. 3 Whether the Tribunal gave insufficient reasons for its decision

Ratio Decidendi

The Tribunal acted appropriately by proceeding in the employer's absence, considering the written and oral evidence before it, and providing adequate reasons for its decision. No arguable grounds for appeal were established.

Court Disposition

Appeal dismissed at preliminary stage

Orders

  • Appeal dismissed
  • Awards of unpaid wages and expenses to Mr Kearney and Mr Smale stand