544_13IT Campbell v LBM Direct Marketing Limited [2013] NIIT 00544_13IT (11 September 2013)

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Campbell v LBM Direct Marketing Limited [2013] NIIT 00544_13IT (11 September 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/544_13IT.html
Cite as: [2013] NIIT 544_13IT, [2013] NIIT 00544_13IT

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THE INDUSTRIAL TRIBUNALS

 

CASE REF:   544/13

 

 

 

CLAIMANT:                      Thomas Campbell

 

 

RESPONDENT:                LBM Direct Marketing Limited

 

 

 

DECISION

The unanimous decision of the tribunal is that the claimant’s claim of unfair dismissal be dismissed.

 

Constitution of Tribunal:

Chairman:              Mr D Buchanan

Members:              Mr D Hampton

                              Mr I Rosbotham

 

Appearances:

The claimant did not appear, nor was he represented .

The respondent was represented by Ms A McLarnon, Barrister-at-Law, instructed by Cleaver Fulton Rankin, Solicitors.

 

1.       The claimant, by a claim form, presented on 13 March 2013, brought a claim of unfair dismissal against the respondent company.  He did not appear at the hearing, nor was he represented.  At an earlier Case Management Discussion on 29 August 2013 he had not appeared also, and on that occasion there was no representation on his behalf.

 

2.       A note of a telephone call to the Office of the Tribunals dated 4 September 2013 records that the claimant phoned to say that he had sent a letter withdrawing his claim on 5 July 2013.  There was no letter on the file.  The claimant said he would re-send the withdrawal letter but this did not happen.

 

3.       In these circumstances, we proceeded to hear the case and dismissed the claimant’s claim.  Before doing so we considered the contents of his claim form, and the documents in the bundle provided.  We also considered the witness statements provided by the respondent company’s witnesses, who were called to give evidence and swore to the truth of their statements.  (The claimant had failed to provide any witness statement in breach of a direction of the tribunal.)

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         10 September 2013, Belfast

 

 

Date decision recorded in register and issued to parties:

 


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URL: http://www.bailii.org/nie/cases/NIIT/2013/544_13IT.html