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Dear Mr Gardiner Please find attached a copy of our defence which was filed with the court on 15th April 2014. In the interest of future costs and in view of the nature of the defence which has been filed by me, I request that the claim against Peninsula Business Services Ltd be withdrawn by you as no cause of action lies against it. In the event of your failure to do so I shall proceed as robustly as necessary to secure a strike out of the claim. Your sincerely Philip Hulme Philip Hulme Legal Services Compliance Manager
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Dear Sir/Madam Would you please place before REJ Parkin I thank you for your letter and apologies of the 31st of January Referring to the letters of REJ Parkin dated the 31st Jan 2012 and of the 5th of December from VP Walker both providing the reasons for the transfer of the case to Bristol. If it was practical for Vice President Walker to write the reasons for transfer then it stands to reason it was practical to consider all of the requests of the letter dated 3rd Dec 2012 including the wish to appeal the decision. However; All of these points are a distraction from the real nub of the case or cases. The respondents representatives are intent on muddying the waters with diversions, disruption and case law. The bare facts of the cases are as follows. The claimant was on annual leave (a legal entitlement) Due to extraordinary circumstances involving air travel there was a delay (industrial action) The claimant was provided with the first available return flight home by the airline (a legal requirement) The claimant returned to work and was summarily charged with gross misconduct becoming ill as a result (Industrial accident) From a European Court ruling yesterday Under extraordinary circumstances, as it stands to reason an airline has a duty of care to passengers , the same reasoning easily applies to an employer who's employees for the same reason cannot get to work. The employer has a legal obligation, a duty of care to provide annual leave to employees. If the annual leave is disrupted as it was, beyond the employees and employers control it stands to reason the employer also has a duty to care. I refer to my submission of the 2nd January 2013 The facts are the claimant was before the Owen Tribunal all the facts were available but not explored by that tribunal why should they be? Not every stone should be turned. The obsolete case of Henderson v Henderson has been raised in proceedings 170 year old case law..?? I would like to raise more recent cases from 1914 - 1918 - 306 British and commonwealth troops were executed for desertion.. They were pardoned in 2008. Yours Faithfully Douglas Gardiner
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Dear Sir Thank you for your letter of today. I sent that message to you in error and I apologise. As you have said previously you cannot intervene, I believed that correspondence between us was at an end. To call me vexatious and ask for my private letters for seeking the truth to be deleted, after I have committed a protected act, as far as I am concerned are detrimental, bullying and therefore victimisation. I refer you to the attached document judicial conduct 2013 As I have stated an employment Judge said I should never have lost my case. My difficulties lie in the document ANNEX 1 the Bristol ET got it wrong and the wrong needs to be corrected. Yours Sincerely Douglas
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Dear Judge Parkin I thank you for your letter of today and for taking the time to review my document annex 1. You are not entirely correct when you say โI recognise that you feel dissatisfied with the original judgmentโ The truth is I am mostly dissatisfied by the reasons as per my document annex 1. I am an ordinary individual who believes in truth and honesty, not a Lawyer or Judge with prerogatives which can be easily abused. Judge Hand admits the Tribunal accepted the respondents version of events and you agree. He fails to mention they made up facts to suit. However what Judge Hand says is irrelevant to my requests, the Bristol ET got important facts wrong. The principle of finality in this case relies on corruption of the truth, bullying; this cannot be allowed. I would like the truth recorded in the reasons for posterity not a fabrication of false facts. I seek satisfaction, for these reasons I will continue to write to whoever I wish, including you. Please note my new address for posting letters is as my e-mail of 03/02/2015. Thank you again. Douglas.
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Dear Sir/Madam Would you please place before REJ Parkin I thank you for your letter and apologies of the 31st of January Referring to the letters of REJ Parkin dated the 31st Jan 2012 and of the 5th of December from VP Walker both providing the reasons for the transfer of the case to Bristol. If it was practical for Vice President Walker to write the reasons for transfer then it stands to reason it was practical to consider all of the requests of the letter dated 3rd Dec 2012 including the wish to appeal the decision. However; All of these points are a distraction from the real nub of the case or cases. The respondents representatives are intent on muddying the waters with diversions, disruption and case law. The bare facts of the cases are as follows. The claimant was on annual leave (a legal entitlement) Due to extraordinary circumstances involving air travel there was a delay (industrial action) The claimant was provided with the first available return flight home by the airline (a legal requirement) The claimant returned to work and was summarily charged with gross misconduct becoming ill as a result (Industrial accident) From a European Court ruling yesterday Under extraordinary circumstances, as it stands to reason an airline has a duty of care to passengers , the same reasoning easily applies to an employer who's employees for the same reason cannot get to work. The employer has a legal obligation, a duty of care to provide annual leave to employees. If the annual leave is disrupted as it was, beyond the employees and employers control it stands to reason the employer also has a duty to care. I refer to my submission of the 2nd January 2013 The facts are the claimant was before the Owen Tribunal all the facts were available but not explored by that tribunal why should they be? Not every stone should be turned. The obsolete case of Henderson v Henderson has been raised in proceedings 170 year old case law..?? I would like to raise more recent cases from 1914 - 1918 - 306 British and commonwealth troops were executed for desertion.. They were pardoned in 2008. Yours Faithfully Douglas Gardiner
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