Scarborough v Northern Ireland Jeans Co Ltd (In administration) (t/a Hawkes Bay Apparel  (Breach of Contract/Redundancy Pay )  (8 May 2002)
THE INDUSTRIAL TRIBUNALS

CASE REF:	00737/00

APPLICANT:	Stephen Scarborough

RESPONDENT:	Northern Ireland Jeans Co Ltd (In administration)
			T/a Hawkes Bay Apparel  

DECISION
The unanimous decision of the tribunal is that the applicant’s complaint is dismissed.  

Appearances:
The applicant was represented by Mr Nicholl of the MSF. 
There was no appearance by or on behalf of the respondent 

The applicant’s complaint of breach of contract and a redundancy payment was listed for hearing on 11 March 2002.  It had previously been listed for hearing and adjourned, the last such occasion occurring in September 2001. 

The applicant’s representative was not in a position to call the applicant to give evidence and indeed indicated that he had been unable to make contact with the applicant prior to September 2001.  The tribunal being satisfied that it had jurisdiction to deal with the matter under Rule 9(3) of the Industrial Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996 considered the applicant’s complaint on the basis of the originating application, notice of appearance and correspondence provided by the applicant’s representative.

There was insufficient evidence to enable the tribunal to be satisfied that the applicant should or could have been offered alternative employment.  It was clear that the applicant had received all statutory entitlements as required to satisfy the Employment Rights (Northern Ireland) Order 1996. 

There was insufficient evidence to conclude on the balance of probabilities that the applicant was contractually entitled to monies over and above his statutory entitlements.  Accordingly the applicant’s complaint is dismissed. 

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Date and place of hearing:  11 March 2002, Belfast

Date decision recorded in register and issued to parties: 8 May 2002