Mitchell v Dundee Autos Ltd [2004] NIIT 9138_03 (19 October 2004)


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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Mitchell v Dundee Autos Ltd [2004] NIIT 9138_03 (19 October 2004)
URL: http://www.bailii.org/nie/cases/NIIT/2004/9138_03.html
Cite as: [2004] NIIT 9138_3, [2004] NIIT 9138_03

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 9138/03

    APPLICANT: Fiona Jane Mitchell

    RESPONDENT: Dundee Autos Limited

    DECISION

    The unanimous decision of the tribunal is that:

    (a) the title of the proceedings be amended to substitute Dundee Autos Limited as respondent in the place of Ken Dundee;
    (b) the application be dismissed.

    Appearances:

    The applicant did not appear and was not represented.

    The respondent did not appear and was not represented.

    Summary Reasons

  1. There was no appearance by either party.

  2. The tribunal considered a letter from The Department for Employment and Learning Redundancy Payments Branch indicating that the applicant had submitted a claim to the Department for payment of the matters claimed in her Originating Application namely:-

    3. (a) redundancy payment;
    (b) notice pay;
    (c) holiday pay.

    The letter indicated that payment had been made in respect of the applicant's claim for redundancy payment and notice pay but that her claim for holiday pay had been rejected.

  3. The tribunal noted a telephone attendance on the applicant's husband in which he stated that the applicant had written to the tribunal indicating a wish to withdraw her application.

  4. In the circumstances the tribunal considered that the claim should be dismissed.

    5. Chairman:

    Date and place of hearing: 19 October 2004, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9138_03.html