Restaurant worker’s unfair dismissal claim dropped by tribunal after he fails to turn up

In the case of Mr Adil Hamdi V Shinzo (Jersey) Limited a former employee of a St Aubin restaurant who failed to turn up to his Employment and Discrimination Tribunal hearing will not receive any compensation, according to a recent judgment.

In the case of Mr Adil Hamdi V Shinzo (Jersey) Limited a former employee of a St Aubin restaurant who failed to turn up to his Employment and Discrimination Tribunal hearing will not receive any compensation, according to a recent judgment.

Adil Hamdi, who worked at Shinzo, claimed that he was owed almost £1,000 in holiday pay, £1,000 in unpaid wages and damages for constructive unfair dismissal, following the closure of the sushi-and-steak restaurant in May.

Responding to his claim, a representative for Shinzo said Mr Hamdi had been dismissed for gross misconduct and instead argued that he owed them more than £6,000.

A full tribunal hearing was scheduled for the beginning of this month following a case-management hearing in July, according to the judgment, but Mr Hamdi and Shinzo failed to turn up for the 10am start.

The judgment stated: ‘The [tribunal] panel convened at 10am as ordered. Neither party was present.

‘The panel was told by the registrar that the claimant [Mr Hamdi] was on his way.

‘No reason for his lateness was communicated to the panel.

‘The panel applied an extension until 10.10am, to no avail. The panel applied an extension until 10.20am, again to no avail.’

The panel eventually left the building at 10.30am after dismissing Mr Hamdi’s claim due to his failure to attend the hearing.

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