Industrial Tribunals Northern Ireland Decisions

 


Clarke v TNT Web Solutions Ltd (Unauthorised Deduction from Wages & Breach of Contract) [2002] NIIT 996_02 (18 September 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 996/02

APPLICANT: Juanita Clarke

RESPONDENT: TNT Web Solutions Limited

DECISION

The unanimous decision of the Tribunal is that the respondent company pay to the applicant the sum of £3,272.00 in respect of unauthorised deductions from her wages. The Tribunal further orders that the respondent pay the additional amount of £239.00 which is the amount which it finds due under the applicant's contract.

Appearances:

The applicant appeared in person.

The respondent company did not enter an appearance, but Mr Jim Thompson, Sales Director, appeared and submitted a letter to the tribunal which the tribunal treated as a Notice of Appearance and extended the time for entering an appearance to 18 September 2002.

1. These reasons are given in summary form.
2. Mr Thompson gave evidence that the respondent is a limited company, which we accept, and accordingly the tribunal amended the respondent's title to read 'TNT Web Solutions Ltd'.
3. Mr Thompson also gave evidence, which we accept that the respondent company is in the process of being wound up, and that a Court Order has not as yet been granted. J J Cavenagh, accountancy and insolvency practitioner has been appointed receiver.
4. The applicant, who worked for the respondent between August 2001 – April 12^th 2002, became aware that the respondent was in financial difficulties in or about February 2002. She asked Mr Hugh McAlinden whether he could guarantee her salary for the month of February and he said that he could not.
5. The applicant was not paid her salary for the month of February or March which was £2,000.00 gross per month [£1,499.75 net per month].
6. The applicant worked until 12 April 2002 on the assurance that the respondent was in the process of obtaining a loan to cover the wages. She was not paid her salary for the ten working days in April either, which amounted to £910.00 gross (£683.00 net).
7. The applicant was however given three separate amounts in cash as a contribution towards her salary which amounted to £410.00.
8. The applicant was not paid fuel expenses for the months of December 2001 and January 2002 to which the tribunal is satisfied she was contractually entitled, amounting to £239.00. Although such expenses are excluded from the definition of wages in the Employment Rights (Northern Ireland) Order 1996, the Tribunal treats this amount as a sum due on foot of the applicant's contract.
9. Mr Thompson confirmed the amounts claimed by the applicant were correct.
10. Accordingly, the tribunal finds that the following sums, to which the applicant was entitled were not paid to her:-

(a) Two months salary amounting £2,999.50 net.

(b) 10 working days in April amounting to £683.00 net.

(c) Expenses amounting to £239.00 net.

Less £410.00 = £3,511.50

11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 18 September 2002, Belfast

Date decision recorded in register and issued to parties: