Bannister v Salvesen  (Breach of Contract)  (28 August 2002
THE INDUSTRIAL TRIBUNALS

CASE REF:	746/02

APPLICANT:	John Bannister

RESPONDENT:	 Christian Salvesen

The unanimous decision of the Tribunal is that the application be dismissed

Appearances: 

The applicant did not appear but was represented by a Mr M Cunningham of ATGWU.  

The respondent’s representative was Ms J Kennedy.

DECISION
SUMMARY REASONS:-
1.	Although the applicant had indicated to his representative that he wished to “withdraw his grievance”, no such indication had been given to the Tribunal direct or to the respondent.  The Tribunal considered that, in the circumstances, it would be appropriate to deal with the matter in the claimant’s absence taking into account the statements and facts set out and put forward in the originating application.  
2.	The applicant’s case, according to his originating application, was that a loyalty bonus, paid every year, had been withheld from him without reason.  Evidence was given on behalf of the respondent by Mr Brian Cairns the Manager of the respondent’s depot at Boucher Crescent at the relevant time.  His evidence was that an attendance, as opposed to a loyalty, bonus was payable to members of staff who lost no time over the Christmas period in 2001.  The applicant was sick for 27 and 28 December and did not report for work.  Consequently he failed to qualify for the bonus as did another member of staff who was sick for one day prior to Christmas.  The terms on which the bonus operated were that even one day’s absence through sickness disqualified persons from receiving the payment.
3.	The Tribunal accepted the respondent’s evidence.  The applicant had failed to meet the requirements of the Payment Scheme and accordingly the application should be dismissed.  

Chairman

Date and place of hearing:   28 August 2002, Belfast 

Date decision recorded in register and issued to parties: