NI case taken in Birmingham
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THOUGH a lorry driver was employed by a company in Northern Ireland, a Birmingham industrial tribunal has ruled that it has jurisdiction to deal with his claim for compensation for unfair dismissal.
James W. Corry and Sons (Campsie) Ltd had contested the claim by Tommy Fergus of Hednesford, Staffordshire, arguing that there would be difficulty in enforcing any judgement or award made by an English Tribunal. The company contended that it did not carry on business in England and Wales and that it was subject to employment legislation specifically applicable to Northern Ireland.
The Tribunal said that it was common ground that the company was registered in Northern Ireland, at its office in Northern Ireland, and that a great deal of its documentation took place in Northern Ireland. However, it was undisputed that Mr Fergus had driven a vehicle belonging to the company and that that vehicle was most frequently to be found in England. During most of the week it was at Hednesford or driving between Hednesford and a port in Lancashire.
Painted on the vehicle were the words "Viking Metals" which was a business centred at Birkenhead. The two English telephone numbers painted on the vehicle were those of Viking Metals and a Mrs Cunningham who was an administrator of that business. It was quite plain that there was more than a casual connection between England, Viking Metals, and Corry and Sons.