Mr O Elmi v H and N Modasia T/a En Root Ltd: 2300098/2022
JUDGMENT
The claim is dismissed as there are no sums due to the claimant.REASONS
[1]The claimant makes a claim for holiday pay. The respondent denies that any holiday pay is due and set out a detailed response. The respondent also makes a counter claim. In addition, the claimant makes a claim in relation to a share certificate. This latter claim is not within the jurisdiction of the Tribunal.[2]The claimant was not in attendance at the hearing and did not provide any documentation to support his claim. The respondent did attend the hearing and had supplied a number of documents and also had Mr N Modasia available to give evidence as he is the company accountant.[3]The Tribunal concluded that the claimant had not established that there was any holiday pay due to him. The respondent was content not to proceed with its counterclaim.[4]In these circumstances, the claim falls to be dismissed.