Ms A Walkowski v Skep Lana: 4121949/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant’s claims of unfair dismissal, for a redundancy payment and for breach of contract are dismissed.REASONS
[1]The claimant has brought claims of unfair dismissal, breach of contract and for redundancy payment. The respondent failed to present a response and accordingly was not permitted to take part in the proceedings, in terms of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the rules”).[2]A hearing was fixed to consider the claims as an Employment Judge did not consider a judgment under rule 21 of the rules could be issued due to lack of information.[3]The claimant failed to appear when the case was due to be heard at 10 o’clock. I was satisfied that notice of the hearing had been sent to the claimant advising her of its time date and place. I instructed the clerk to try to ascertain E.T. Z4 (WR) why the claimant had failed to appear but she was unable to make contact with the claimant.[4]After giving the claimant further time to appear I decided that she was not going to appear or provide any explanation for her nonappearance.[5]Rule 47 provides that if a party fails to attend or be represented at the hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so it is required to consider any information which is available to it, after any enquiries that may be practicable about the reason for the party’s absence.[6]I took into account that the claimant had been informed of the date of the hearing and that efforts had been made to contact her. I also noted from the file that she had failed to respond to correspondence regarding the provision of a translator. There was no explanation given for her non-attendance and in the circumstances I decided to dismiss all of the claims in terms of rule 47.[7]The claimant is entitled to apply for a reconsideration of this decision within 14 days in terms of rules 70 and 71, if there is a good reason for her nonattendance at the hearing.