LAW

Tribunal Observation Report

Table of Contents

Introduction2

Tribunal Report Assessment2

Claimant's Facts3

Fundamental Issues4

Assessment of the case5

Legal Principles6

Observation of the case6

Conclusion7

Tribunal Observation Report

Introduction

This report is designed on the Employment Tribunal that generally claims the process, which involves the occurrence of Hearing before an Employment Tribunal, at which proofs and evidences get discussed and legal arguments are constructed with a judicial decision determination then afterwards prepared on the case. The procedure of employment tribunal is formal one that involves evidence from different findings and cross examination, which usually encounters in an ordinary court. In these kinds of cases, mediation offers an alternate means to solve the disputes that does not regard going through the hearing process of normal tribunal. The paper is formulated to highlights the observation and assessment of the case in order to understand the core prospectus of the case's issue and its legal resolutions.

Tribunal Report Assessment

The case was about the unfair dismissal that concerned a claimant, Ms. J Kowalezykand to the two respondents the company Power It up Limited and Austin Darcy of Peninsula Business Services Limited. This claimant was constituted by Mr. Maddox of Howells DirectLlp.

In this case, the first respondent was presented by Mr. Wishart who went into the tribunal on behalf of Mr Austin Darcy. It has been found that Mr. Darcy was not present in the proceedings of the court.

Moreover, the second respondent was not present in the court and nor they filed a defence claim so that it will not ask them to attend Tribunal as they people will not be able to properly flow with the case. Therefore, the second respondent was not present.

In the boundaries of Tribunal, there was only a single judge on the panel who accepted the Unfair Dismissal cases. The case was not about the cause of discrimination; therefore it did not require a full panel.

Claimant's Facts

It was claimed by Ms. J Kowalezykand that she was on her holiday leave and when she came back, she suddenly came to know that her work engagements had been transferred to a sub-contractor of company, Power It Up from the Peninsula Business Services Limited. The claimant of the case already made number of complaints about this sub-contractor to the management of the company.

The claimant objected on her transfer to the sub contractor to the management but she was told that they are helpless in this matter as the sub contractor has purchased different parts of the company, which comes in the job responsibility of claimant.

It was felt by claimant that the decision has breached the mutual confidence and trust, as they gave the entire personal information of claimant without her approval and also transferred her without any prior notice.

The claimant requested for a meeting with the management but they refused to conduct any professional adjoining; therefore, she said that she will log a formal complaint against their non-professional meeting. Later on, she received an email from the second respondent who told her that her behaviour was intolerable that the way she looked at ...