Mr P Gombar v Coco's Dessert Factory Ltd: 2600826/2018
JUDGMENT
[1]The Respondent is ordered to pay to the Claimant £2,400.00 net in respect of an unlawful deduction of wages.[2]The Respondent is ordered to pay to the Claimant £1,200.00 net as damages for breach of contract. [Total £3,600.00]REASONS
[1]At a hearing on 23 November 2018 judgment was made in favour of the Claimant. The judgment was sent to the parties on 21 January 2019.[2]At the hearing, the Claimant attended and proved his claim. The Respondent did not attend nor was it represented.[3]It is not normal practice to undertake a company search immediately before a hearing unless there are good reasons to do so. There was no reason to do so in this case.[4]Since the judgment was issued and after it was sent to the parties, it has come to my attention on other cases involving the same Respondent that the Respondent was in fact dissolved a few weeks before the hearing in this case took place. This was not known when the original decision was made.[5]A recent company search recently shows that Coco’s Dessert Factory Limited was in fact dissolved on 30 October 2018.[6]The effect of a company being dissolved (as opposed to Liquidation) is that no judgment can be issued against it as no entity is deemed to exist.[7]As a consequence, it is necessary for the tribunal of its own motion to revoke the judgment of 23 November 2018.