McClelland v AJT Trading Ltd & Anor [2003] NIFET 510_00 (17 June 2003)


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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> McClelland v AJT Trading Ltd & Anor [2003] NIFET 510_00 (17 June 2003)
URL: http://www.bailii.org/nie/cases/NIFET/2003/510_00.html
Cite as: [2003] NIFET 510_00, [2003] NIFET 510_

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    FAIR EMPLOYMENT TRIBUNAL

    CASE REF: 00510/00FET

    03107/00

    APPLICANT: Lynn McClelland

    RESPONDENTS: 1. AJT Trading Ltd

    2. Jason Tandy

    DECISION

    The unanimous decision of the Tribunal is that the applicant was not unlawfully discriminated against on grounds of religious belief/political opinion or sex, and nor was she unfairly dismissed. The Tribunal dismisses her complaint of Equal Pay and Breach of Contract.

    Appearances:

    The applicant did not appear nor was she represented.

    The respondent was represented by Mr P Cunningham from Peninsula Business Services Ltd.

  1. The applicant's former legal representative contacted the Office of Tribunals on 13 June 2003 to indicate that she wished to come off record, having been unable to contact the applicant at the address and telephone number which had been provided to her.

  2. On the morning of the hearing the applicant failed to appear. Having regard to the provisions of Rule 8(3) of the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 1989, and having regard to the contents of the Originating Application and Notice of Appearance, the Tribunal decided to dispose of the application in the absence of the applicant.

  3. The Tribunal heard evidence from Mr Jason Tandy, the second named respondent, who was also area manager for the first respondent. The Tribunal finds the following facts proved on a balance of probabilities:-

    4. (a) On 18 August 2000, Mr Tandy conducted a branch visit at the first respondent's premises in Portadown. During that visit a number of issues and problems were discussed with the applicant.

    (b) After that discussion a security check was carried out. Mr Tandy noticed numerous refunds, missing documentation and matters which raised serious concerns about the possibility of fraudulent refunds.

    (c) Mr Tandy spoke to his supervisor about the matter, who advised him to ask the applicant to come to a meeting on Monday to discuss the issues. The applicant was due to be off for the week-end.

    (d) The applicant did not turn up for that meeting. On Wednesday the applicant tendered her resignation.

    (e) The police were contacted about the alleged fraudulent refunds amounting to £3,000.

  4. Mr Tandy denied all the applicant's allegations of unlawful conduct contained in the Originating Application, and the Tribunal accepts his denial in the absence of any oral evidence from the applicant.

  5. Mr Cunningham reminded the Tribunal of the burden of proof which rests on the applicant, and indicated that in the absence of oral testimony from the applicant, the application should be dismissed.

  6. The Tribunal is not satisfied that the applicant was subjected to unlawful treatment or conduct by the respondent, and the unanimous decision of the Tribunal is that the application is dismissed.

    7. Chairman:

    Date and place of hearing: 17 June 2003, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIFET/2003/510_00.html