O'Keefe v Navstar Systems Ltd

JUDGE LEVY QC : Mr J O'Keefe commenced his employment with the proposed respondent of this Appeal or its predecessor Navstar Systems Ltd on 6th December 1990. His employment ended on 31st October 1993. He commenced proceedings in the Industrial Tribunal on 8th January 1994. In his IT1 he complained that there was unfair dismissal, discrimination and breach of contract of employment. The matter was heard by an Industrial Tribunal at Bury St. Edmunds on 4th and 5th, 25th and 26th May 1994.

Pausing for one instant, the heading in the Decision of the Industrial Tribunal does not reflect the three earlier days of the hearing as we think it should have done. But Mr Lewis who is the consultant appearing for the appellant on this hearing says that there were those hearing days and we are satisfied that he is correct.

After the end of the hearing, the Tribunal's decision was sent to the parties on 9th November 1994. The unaminous decision of the Tribunal was that the applicant was not unfairly dismissed.

The bones of the matter behind the hearing was that there was suspicion, putting it no higher, by the respondent company as to the manner in which Mr O'Keefe had been behaving in the light of a commercial decision taken by the Company following a takeover. They had reason to believe that there was some sort of interference with computer systems in the Company, in which the appellant might have been involved.

There was as we say a four day hearing before the Industrial Tribunal. We see from the full and thorough judgement that the matter was well and truly investigated by them. The decision which they reached, from the four corners of the decision, is one that was open to them on the facts.