Claimant v Defence Science and Technology Laboratory
Outcome
Individual claims
The whistleblowing detriment claim was withdrawn by the claimant and dismissed by the tribunal on 8 August 2024.
The automatic unfair dismissal claim under section 103A ERA 1996 (dismissal for making protected disclosures) was withdrawn by the claimant and dismissed by the tribunal on 8 August 2024.
Facts
Dr P Wilkins brought claims of whistleblowing detriment and automatic unfair dismissal under section 103A ERA 1996 against the Defence Science and Technology Laboratory. Both parties were represented by counsel at a hearing conducted via CVP on 8 August 2024.
Decision
The tribunal dismissed both the protected disclosure detriment claim and the automatic unfair dismissal claim upon the claimant's withdrawal. No substantive hearing took place and no findings were made on the merits of the claims.
Practical note
This case demonstrates that whistleblowing claims can be withdrawn at any stage, resulting in dismissal without a determination on the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6000548/2023
- Decision date
- 13 March 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister