Mutambirwa v. Carl Bros Uk [2001] UKEAT 871_01_2811 (28 November 2001)

There was no arguable matter of law raised by the Appellant, who failed to appear and whose complaints were unsupported by evidence. The only appropriate course was to dismiss the appeal.

Citation: [2001] UKEAT 871_01_2811
Parties: Appellant: Appellant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 28 November 2001
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal dismissed
Legal Topics: Strike Out of Application, Costs Order, Procedural Irregularity, Appeal Dismissal

Employment Law Strike Out of Application Costs Order Procedural Irregularity Appeal Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether the Employment Tribunal Chairman made a false instrument
2 Whether the originating application was properly struck out
3 Whether there was any arguable point of law in the appeal

Ratio Decidendi

There was no arguable matter of law raised by the Appellant, who failed to appear and whose complaints were unsupported by evidence. The only appropriate course was to dismiss the appeal.

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Strike out of originating application confirmed