Industrial Tribunals Northern Ireland Decisions

 


McKimm v Greig & Ors (An Crann (The Tree)) (Breach of Contract) [2002] NIIT 1583_01 (15 March 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 1583/01

APPLICANT: Cathie McKimm

RESPONDENTS: Renee Greig

Denis Greig

Danny Burke

Carol McBrinn

Maureen Hetherington

Peter O'Reilly

(as Trustees and representatives of the Management Committee

of An Crann (The Tree))

DECISION

The decision of the tribunal is that the respondents pay to the applicant the sum of £2,256, which sum was outstanding on the termination of the applicant's employment as a result of a breach of contract by the respondents.

Appearances:

The applicant, Cathie McKimm, in person.

The respondents were not represented at the hearing.

1. These reasons are given in summary form.
2. (i) The title of the respondent to the proceedings was amended to that shown, following evidence from the applicant, and with her consent. It had been indicated to the respondent's representative at a previous hearing on 13 December 2001 that such an amendment would be required, and no objection was made to such a course by her.

(ii) The respondents were not represented at the hearing. Mrs Renee Greig, who had appeared on their behalf at previous hearings which had been adjourned, had informed the Office of the Tribunals that she was unable to attend through illness. The tribunal did not consider it appropriate to adjourn the proceedings again, but in disposing of the application considered the contents of the notice of appearance. In particular, it was clear from the notice of appearance that the respondents did not dispute the applicant's claim. This had been conceded by Mrs Greig at previous hearings. She had told the tribunal that An Crann did not at that stage have the ability to pay what was due to the applicant, but indicated that they hoped to sort out their financial problems, secure further funding in the near future and make payment to the applicant. Adjournments had been granted to facilitate the respondents in this respect.

(iii) The tribunal found the applicant to be an honest witness. It finds the facts set out in the following paragraphs proved to its satisfaction on the balance of probabilities.

3. (i) An Crann/The Tree was a charitable organisation, concerned with victims of civil disorder in the province. The applicant worked as its Director from 23 November 1998 until 31 December 2000. Her employment terminated by mutual agreement on that latter date.

(ii) Her gross monthly salary was £1,416.67 gross, £1,038 net. On the termination of her employment, she had not been paid two months salary to which she was entitled, amounting to £2,076 (2 x £1,038). Unpaid holiday pay of £180 net was also outstanding, making a total sum due of £2,256.

4. On the basis of the evidence of the applicant, supported by statements in the respondents' notice of appearance, and the admissions made on their behalf in open tribunal at previous proceedings, it is hereby ordered by the tribunal that the respondents pay to the applicant the said sum of £2,256, which said sum was outstanding on the termination of the applicant's employment with the respondents, as a result of a breach of contract by the latter.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.

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Date and place of hearing: 14 February 2002, Belfast

Date decision recorded in register and issued to parties: 15 March 2002