Did not attend For the v Coffee Fortuna Ltd — 2023

Employment Judge Fredericks sat at London Central by CVP on 13 January 2023. The claimant, Mr M Gavioli, did not attend, and the respondent also did not attend. The judgment records that the case was dismissed under Rule 47 of the Employment Tribunal Rules of Procedure 2013 because the claimant failed to attend the full merits hearing.

In deciding to dismiss the claim, the tribunal noted that notice of the hearing had been sent to the email address on the claim form, no reason had been provided for the claimant’s absence, and a telephone call to the number on the claim form rang through to voicemail. The tribunal also recorded that the claimant had not provided information about the respondent when requested by Regional Employment Judge Freer on 12 October 2022 or by Employment Judge Khan on 24 October 2022, that a previous hearing had been postponed because of that missing information, and that there had been no contact from the claimant since the claim was filed. The tribunal waited for the claimant, but he did not attend or respond, and the judge concluded that dismissal was in accordance with the overriding objective.