Vieira  v Derryvale Furniture & Aonr (Interim Relief) a  (25 November 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF:	2384/02

APPLICANT:	Jorge Vieira

RESPONDENTS:	1.  Derryvale Furniture
			2.  Mr Jim O’Rourke
			     C/o Derryvale Furniture 

DECISION ON INTERIM RELIEF APPLICATION
The unanimous decision of the tribunal was to make an order to continue the applicant’s employment.
Appearances:
The applicant attended with Mr Desmond Henderson, ATGWU and an interpreter 
Mr J Bottomley.
Neither of the respondents were in attendance and were not represented.

Mr Bottomley acted as an interpreter and explained to the applicant the procedures applied by the tribunal.

The applicant claimed to have been dismissed under the provision of Article 136(1) Employment Rights Order 1996 which provides:-

	“An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed of the reason (or, if more than one, the principal reason) for his dismissal is that the employee –

(a)	was, or proposed to become, a member of an independent trade union, or

(b)	had taken part, or proposed to take part, in the activities of an independent trade union at an appropriate time, …..

The applicant sought interim relief under the provisions of Article 163 of the 1996 Order.  The applicant’s case was that following telling the respondent’s Mr O’Rourke he was a member of the union he was “told to get out, that he didn’t want to see me again”.

The respondent did not attend or be represented therefore the tribunal, in compliance with the provisions of Article 164(9) as follows:-

“If on the hearing of an application for interim relief the employer –

(a)	fails to attend before tribunal, or
(b)	states that he is unwilling either to reinstate or re-engage the employee as mentioned in paragraph (3) the tribunal shall make an order for the continuation of the employee’s contract of employment”

hereby makes an order under the above provision for the continuation of the contract of employment from the date of its termination until the determination or settlement of the complaint.

In compliance with Article 165(b) the tribunal orders the respondent to pay to the applicant the sum of £174.45 per week from the date of dismissal until the determination or settlement of the complaint.  

Chairman:

Date and place of hearing:  25 November 2002

Date decision recorded in register and issued to parties: