Mr R McIntyre v Thistle Recycling Solutions Ltd: 4123009/2018
JUDGMENT
The Judgment of the Employment Tribunal is that neither party having attended the hearing, the claim is dismissed.REASONS
[1]The claimant made claims for unfair dismissal, redundancy payment and holiday pay which was received by the Tribunal on 14 November 2018. No response by the respondent was received.[2]Both the claimant and the respondent were advised by letter dated 12 February 2019 that a Final Hearing would take place at 10am on 19 March 2019.[3]When the case called, neither party appeared nor were represented.[4]I directed my clerk to telephone the parties. The claimant said he had not realised the hearing was today and the respondent denied having received the letter. E.T. Z4 (WR)[5]In terms of Rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, if a party fails to attend or be represented, the Tribunal may dismiss the claim once it makes all reasonably practicable enquiries as to the party’s absence.[6]In terms of rule 2 of the 2013 Regulations, cases should be dealt with justly, including avoiding delay and saving expense.[7]The Notice of Hearing had been issued and the Tribunal was ready to proceed, expense having been incurred.[8]I decided it would be in the interests of justice to dismiss the claims given the above facts.[9]The claimant has the right to seek a reconsideration of this judgment in terms of rule 70, if he considers it to be in the interests of justice to do so. The application process is set out at rules 71 and 72.[10]The claim is dismissed.