Industrial Tribunals Northern Ireland Decisions

 


McCauley & Ors v Q-Media Online Ltd (Unlawful Deduction from Wages) [2002] NIIT 0805_02 (30 Sep 2002)

THE INDUSTRIAL TRIBUNALS

CASE REFS: 0805/02

0943/02

0944/02

0945/02

0946/02

0947/02

APPLICANTS: 1. Eaman McCauley

2. Caroline McKenna

3. Ciaran Gerard Harley

4. Cormac Joseph Fegan

5. Caroline Morris

6. Jon Mark Bond

RESPONDENT: Q-Media Online Limited

DECISION

The Tribunal finds the above applications for the first to the fifth named Applicants well founded, and declares they have suffered the unlawful deductions set out in paragraph 5 below. The Tribunal orders that the Respondent repay to the first to fifth named Applicants the compensation set out at paragraph 6(a)-(e) below. The Tribunal dismisses the application of the sixth-named Applicant, following its withdrawal from the Industrial Tribunal by letter dated 24 September 2002 from the Applicants' solicitor.

Appearances:

The applicants were represented by Mr N Hawthorne, A D McClay & Co., Solicitors.

No Notice of Appearance was entered and no representation for the Respondent.

Pursuant to Rule 10(4) of Schedule 1 of the Industrial Tribunals (Constitution & Rules of Procedure) Regulations (NI) 1996 ["the 1996 Rules"], this Decision is given in summary form.

Reasons

1. The sixth-named Applicant, Jon Mark Bond, application reference number 944/02, withdrew his complaint to the Industrial Tribunal by letter dated 24 September 2002 from the Applicants' solicitor. Mr Hawthorne renewed the application to withdraw this complaint before the Tribunal today. Pursuant to Schedule 1 Rule 13(2) (a) of the 1996 Rules, the Tribunal hereby dismisses this complaint.
2. None of the Applicants gave evidence before the Tribunal today. Mr Hawthorne stated that this was because the first to fifth-named Applicants have all now found new employment. Mr Hawthorne requested the Tribunal, pursuant to Schedule 1, Rule 9(3) of the 1996 Rules, to dispose of the complaints in their absence, particularly since no appearance had been lodged and no representation or defence to the complaints entered by or on behalf of the Respondent. The Tribunal acceded to this application.
3. The Originating Application for the first-named Applicant, Eaman McCauley, and the fifth-named Applicant, Caroline Morris, claim recompense for, inter alia, unpaid expenses. Pursuant to Article 59(2) (b) of the Employment Rights (NI) Order 1996 ["the 1996 Order"], expenses do not form part of a worker's wages. Mr Hawthorne withdrew this aspect of the first and fifth-named Applicant's claims before the Industrial Tribunal today. Pursuant to Schedule 1, Rule 9(3) of the 1996 Rules, the Tribunal dismisses these elements of the first and fifth-named Applicants' claims.
4. Pursuant to Article 72(1)(a) of the Employment Rights (NI) Order 1996 the Tribunal declares the Applicants' claims are well founded in that, contrary to Article 45 of the 1996 Order, the Respondent unlawfully deducted the Applicants' wages for half of November and all of December 2001. Moreover, contrary to Article 45 of the 1996 Order, the Respondent failed to pay the Applicants' accrued holiday pay in the amounts set out below. The Respondent failed to pay the accrued commission of the first-named Applicant, Eaman McCauley, application reference number 0805/02. Pursuant to Article 59(1) (a) of the 1996 Order, the Tribunal determines that wages may be comprised of commission, and thus makes the determination at paragraphs 5 and 6 below in respect of Mr McCauley.
5. The Tribunal determines and declares that the Applicants suffered the following unlawful deductions, contrary to Article 45 of the 1996 Order;

(a) Eaman McCauley

Unlawful deduction in non-payment of salary - £1,165.22

Unlawful deduction in non-payment of commission – £ 280.00

Unlawful deduction in non-payment of 9 days accrued

Nett holiday pay - £ 326.57

TOTAL unlawful deductions - £1,771.79

(b) Caroline McKenna

Unlawful deduction in non-payment of salary - £1,459.99

Unlawful deduction in non-payment of 14 days accrued

Nett holiday pay - £ 573.99

TOTAL unlawful deductions - £2,033.98

(c) Ciaran Gerard Harley

Unlawful deduction in non-payment of salary - £1,686.51

Unlawful deduction in non-payment of 13 days accrued

Nett holiday pay - £ 606.61

TOTAL unlawful deductions - £2,293.12

(d) Cormac Joseph Fagan

Unlawful deduction in non-payment of salary - £1,686.51

Unlawful deduction in non-payment of 15 days accrued

Nett holiday pay - £ 699.94

TOTAL unlawful deductions - £2,386.45

(e) Caroline Morris

Unlawful deduction in non-payment of salary - £1,639.99

Unlawful deduction in non-payment of 13 days accrued

Nett holiday pay - £ 532.99

TOTAL unlawful deductions - £2,172.98

6. Pursuant to Article 72(2) of the 1996 Order, the Tribunal declares that it is just and equitable that the Applicants should be compensated and Orders the Respondent to repay to the Applicants the following amounts;

(a) Eaman McCauley - £1,771.79

(b) Caroline McKenna - £2,033.98

(c) Ciaran Gerard Harley - £2,293.12

(d) Cormac Joseph Fagan - £2,386.45

(e) Caroline Morris - £2,172.98

7. No further or other Order is made.

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

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Date and place of hearing: 30 September 2002, Londonderry

Date decision recorded in register and issued to parties: