Walker v Tom McBriar Ltd [2004] NIIT 5360_03 (1 October 2004)


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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Walker v Tom McBriar Ltd [2004] NIIT 5360_03 (1 October 2004)
URL: http://www.bailii.org/nie/cases/NIIT/2004/5360_03.html
Cite as: [2004] NIIT 5360_03, [2004] NIIT 5360_3

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 5360/03

    APPLICANT: Glenn Walker

    RESPONDENT: Tom McBriar Limited

    DECISION

    The unanimous decision of the tribunal is that the applicant was not unfairly selected for redundancy and therefore not unfairly dismissed.

    Appearances:

    The applicant did not appear and was not represented at the Tribunal.

    The respondent was represented by Mr N Keery, Barrister-at-Law, instructed by J Blair, Solicitor.

    Summary Reasons

  1. The applicant who did not appear had entered an originating application in which he stated that on Tuesday 29 July 2003 the personnel in the respondents' company were told that because of a slowdown in work and a bad year there would be lay-offs. The applicant stated that he was called into the office, questioned about his job and then handed an envelope and told that he was no longer required. The applicant was one of 13 other employees and could not understand why he had been picked upon.

  2. The respondents had furnished the applicant with a Notice for Further and Better Particulars and for Discovery but none of these had been answered and as a result the tribunal only has the statement in the applicant's application as evidence of his claim.

  3. The respondents produced a bundle of documents including a list of the people who were made redundant including the applicant and showing a redundancy exercise with scores for each of the 5 employees who were at risk of being made redundant. The applicant and another employee scored only about half the points scored by the other 3 employees who were retained. As a consequence the respondents made those 2 employees redundant, including the applicant.

  4. The tribunal find that the system used was fair and in the absence of any other evidence from the applicant dismiss the applicant's claim.

    5. Chairman:

    Date and place of hearing: 1 October 2004, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/5360_03.html