Industrial Tribunals Northern Ireland Decisions

 


Sales v Davison (t/a Down Fabrications) (Breach of Contract) [2002] NIIT 00887_02 (29 November 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 00887/02

APPLICANT: Stephen Sales

RESPONDENT: Jon Davison

T/A Down Fabrications

DECISION

The unanimous decision of the tribunal is that the applicant is entitled to unpaid commission of £443.60 and health insurance costs of £554.04 due under the applicant's contract of employment.

Appearances:

The applicant represented himself.

The respondent represented himself.

1. These reasons are given in summary form.
2. The applicant claimed for pay in lieu of notice and sought to add a claim for breach of contract in a letter of 12 June 2002.

The respondent denied the applicant's claims in their entirety.

3. At the outset the applicant stated in open tribunal that the pay in lieu of notice had been paid to him which the respondent accepted.

Having heard from both parties on the proposed amendment to the originating application to add a claim for breach of contract the tribunal allowed the amendment.

4. The tribunal made the following findings:-

(a) The applicant was employed by the respondent as a sales and marketing manager from 30 July 2001 to 1 February 2002.

(b) The applicant was dismissed on 1 February 2002 because the respondent believed his performance was not satisfactory.

(c) The applicant's claim for breach of contract was for unpaid commission of £750 for the period 31 July 2001 to 31 October 2001 and £451 for the period 1 November 2001 to 1 February 2002 and the cost of membership of a health insurance scheme for the applicant, his wife and child costing £92.34 per month for 6 months.

(d) The tribunal rejects the respondent's contention that the commission and health insurance premiums were only payable after the successful completion of the 6 month probationary period.

The respondent was in breach of contract by not paying to the applicant commission and health insurance costs due under his contract of employment.

(e) The applicant is entitled to health insurance costs of £92.34 per month for 6 months amounting to £554.04.

(f) Commission is not due to the applicant for the period 31 July 2001 to 31 October 2001 as the applicant did not adduce evidence that the business sales were personal sales.

(g) The applicant is entitled to commission for the period 1 November 2001 to 1 February 2002 amounting to £443.60.

(h) The respondent failed to adduce evidence to support his contention that many of the sales for which the applicant claimed commission were not personal sales but arose from ongoing trading and business with the respondent business.

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 October and 29 November 2002, Belfast

Date decision recorded in register and issued to parties: