Industrial Tribunals Northern Ireland Decisions

 


Mayne v Burns (Holiday Pay/NMW/Pay Statement) [2002] NIIT 12_01 (13 December 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 12/01

APPLICANT: Jason Mayne

RESPONDENT: Henry Burns

DECISION

The unanimous decision of the Tribunal is that the applicant's claim for holiday pay pursuant to the Working Time Regulations (Northern Ireland) 1998 together with any claim for wrongful deduction of wages and/or for breach of contract or any claim pursuant to the National Minimum Wage Act 1998 or for any failure to provide itemised pay statements are dismissed.

Appearances:

The applicant did not appear and was not represented at the tribunal.

The respondent did not appear and was not represented at the tribunal.

In accordance with the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996, Schedule 1, Rule 10(4) the reasons for this decision are given in summary form.

1. Both the applicant's Originating Application and the respondent's Notice of Appearance were considered by the tribunal in reaching its decision, pursuant to Rule 9(3) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996. On consideration of same the tribunal concluded that in addition to a claim for holiday pay pursuant to the Working Time Regulations (Northern Ireland) 1998, as sought in Paragraph 11 of the Originating Application that it appeared from Paragraph 13 of the said application that the applicant was also seeking to make a claim for wrongful deduction of wages and/or for breach of contract and for a claim pursuant to the National Minimum Wage Act 1998 and for failure to provide itemised pay statements. The respondent's Notice of Appearance made no reference to any such claims but referred to the applicant's dismissal and the reasons for same. The Originating Application, in view of the tribunal, did not make any claim for unfair dismissal.
2. The tribunal was not satisfied, after consideration of the aforesaid documents, that it had been provided with sufficient facts, including relevant contract details, dates and rates of pay to make relevant findings of fact and, in the circumstances, was not satisfied that any of the aforesaid claims were proved and concluded that each must be dismissed.

Chairman:

Date and place of hearing: 13 December 2002, Belfast

Date decision recorded in register and issued to parties: