Appeal No. EAT/905/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 27 November 2000

Before
HIS HONOUR JUDGE D M LEVY QC
MR B V FITZGERALD MBE
MR R SANDERSON OBE

OHR LIMITED	APPELLANT

MR S POSSANTE	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING 

Revised

	APPEARANCES

For the Appellant	MR C STRACHAN
(of Counsel)
Instructed by:
Messrs Wright Son & Pepper
9 Gray's Inn Square
London WC!R 5JF	

JUDGE D M LEVY QC

1	This is a preliminary hearing of an appeal against a decision of an Employment Tribunal promulgated on 26 May after a 2 day hearing on 10 April 2000 and 19 May 2000.  The Tribunal held that the Applicant had been unfairly dismissed, from that decision the employer appeals on the grounds that the decision was perverse.  

2	There is certainly an oddity in the facts as set out in the extended reasons, that the employee appears to have pocketed money of a company and the interest on it for 18 months without accounting for it.  It may possibly be that that was something which the company had sanctioned, notwithstanding the holding of the Employment Tribunal; it is arguably a question that should be investigated and the matter should therefore go to a full appeal.  

3	The Appellant has sought the Chairman’s Notes of all the evidence.  For whatever reason Mr Asteris who appeared below is here today as well as Mr Strachan, it is apparent from a question which we put to Mr Asteris that what is put in paragraph 6 of the Skeleton Argument of Mr Strachan is not necessarily accepted by Mr Asteris.  Therefore we think it would be helpful for the Chairman to provide his notes of the evidence of Mrs Wallace for the full hearing of this Appeal.

Category C, estimated time half a day.