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TJ Courier Chauffeur Express Ltd v Maharjan - Tribunal was entitled to rule against party that simply failed to attend hearing [2010] EAT

There is no error of law if an employment tribunal accepts one party's evidence and rules in its favour when the other party - without explanation - simply fails attend the hearing.

Mr Maharjan was a chauffeur, working for TJ Courier. He brought a claim in the Employment Tribunal for unlawful deduction of wages; the usual orders were made for agreeing a bundle and exchange of witness statements and the case went ahead at the hearing. There was a bundle of documents and Mr Maharjan had two witnesses; TJ Courier did not attend. The employment tribunal ruled in Mr Maharjan's favour that he was an employee and that he was entitled to compensation of £3,424.50.

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