Mr F Onyeachu (Deceased by his Widow Mrs F Onyeachu) v Lodge Security Ltd: 2304281/2019
JUDGMENT
The Judgment of the Employment Tribunal is that:- The claim was dismissed.REASONS
[1]Neither party attended for the hearing and no communications had been received by the Tribunal from either party as to the reasons for non-attendance. The Respondent disputed the complaint of unfair dismissal in Case Number: 2304281/2019 the response and set out grounds which potentially could, if upheld, defeat the Claimant’s claim. The Tribunal took into account that the dismissal was admitted but that the burden of proof in relation to fairness or otherwise was neutral. Having regard to the matters set out in both the claim form and the grounds of resistance, the Tribunal considered that it could not, on the balance of probabilities, find that the dismissal was unfair. In all those circumstances therefore, the complaint was not well founded and was dismissed. Employment Judge Hyde Dated: 20 March 2020 Case No: 2304281/2019 11.10 Judgment on reconsideration of judgment – hearing - rules 70 and 73 EMPLOYMENT TRIBUNALS Claimant: Mr F Onyeachu (deceased), by his widow Mrs F Onyeachu Respondent: Lodge Security Limited Heard at: London South Employment Tribunal (by video) On: 25 November 2022 Before: Employment Judge Ferguson Representation Claimant: Mrs F Onyeachu in person Respondent: Did not attend and was not represented UPON APPLICATION made by the claimant by letter dated 9/12/20 to reconsider the judgment sent to the parties on 24/4/20 under rule 71 of the Employment Tribunals Rules of Procedure 2013 AND UPON the Employment Appeal Tribunal having stayed the claimant’s appeal against the judgment to allow the claimant an opportunity to apply for reconsideration and the respondent having failed to respond to the Tribunal’s requests for comments on the application[1]The judgment dated 20/3/20 and sent to the parties on 24/4/20 is revoked.[2]The case will be listed for a final hearing and the parties will be notified of the date in due course.