Industrial Tribunals Northern Ireland Decisions

 


O'Brien v Blackstaff Construction Ltd (Written Particulars & Other Actions) [2002] NIIT 0124_02 (29 May 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 0124/02

APPLICANT: Noel Patrick O'Brien

RESPONDENT: Blackstaff Construction Limited

DECISION

The unanimous decision of the Tribunal is that the Respondent;

i. Failed to provide the Applicant with written particulars of employment.

ii. Failed to provide the Applicant with itemised pay statements.

iii. Unlawfully deducted £150.00 gross from the Applicant's wages for the period 3-5 December 2001, which the Tribunal now Orders to be paid to the Applicant.

iv. Unlawfully deducted £80.32 from the Applicant's wages, which amount is an overtime payment for a period circa 23 November 2001, which the Tribunal now Orders to be paid to the Applicant.

Appearances:

The Applicant appeared in person.

The Respondent did not enter a Notice of Appearance, was not represented and made no appearance before the Tribunal.

Summary Reasons:

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

The Tribunal Found the Following Facts

1. The Applicant gave evidence that he commenced employment with the Respondent in October 2001, shortly after the Halloween break. The Respondent is a limited company that carries out work for the Police Service of Northern Ireland, and the Managing Director is Stephen Blakely. The Respondent operates from Apartment 54 Clarendon Quay, Pilot Street, Belfast, BT1 3BH. The Applicant worked 40 hours per week as a joiner. The Applicant was told by Mr Blakely that he would receive payment for work on Saturday at 1.5 times the normal rate. The Applicant was somewhat unsure of his gross pay per week, since he never received an itemised pay slip, but gave evidence that he received £7.50 per hour gross (or £60.00 per day gross) and that his nett pay was £238.29 per week. The Applicant terminated the employment on 5 December 2001.
2. The Applicant requested itemised payslips every week of his employment. Mr Blakely's response to these requests was to issue one excuse after another for not providing them. In February 2002, the Applicant had gone to the Respondent's office in the Headquarters of the Police Service of Northern Ireland, and had waited for two hours to get his itemised pay slips. However, he could never make contact with Mr Blakely.
3. Likewise, the Applicant asked on a number of times for his written terms and conditions of employment. The Respondent's Mr Blakely's attitude was that the written particulars of employment were coming, but the Applicant never received them.
4. The Applicant worked on 3, 4 and half day on 5^th December 2001 and then rang the Respondent to advise that he would be leaving its employment. The Respondent's Mr Blakely was abusive to the Applicant on the phone. The Applicant never received his wages for 3, 4 and half of the 5^th December 2001. In other words, the Applicant claims he is owed for 20 hours of work, which equates to £150.00. Moreover, the Applicant claims overtime for Week 5, circa 16^th November 2001, when he worked at the weekend. For that period, the Respondent paid the Applicant on 30 November 2001 the amount of £369.68 when he should have been paid £450.00. Therefore, the Applicant therefore claims £80.32 in unpaid overtime. The Applicant has never received his P45 and is consequently on an emergency tax code.
THE DECISION OF THE TRIBUNAL
5. Having considered the Originating Application, and having regard to the oral and documentary evidence before it, the Industrial Tribunal makes the following Decision and Orders;

(i) The registered address of the Respondent to be amended to Apartment 54 Clarendon Quay, Pilot Street, Belfast, BT1 3BH.

(ii) The Respondent failed to provide the Applicant with a statement of employment particulars, contrary to Article 33 of the Employment Rights (NI) Order 1996 ["the 1996 Order"].

(iii) Contrary to Article 40 of the 1996 Order, and in particular contrary to Article 40(2), the Respondent failed to provide the Applicant with itemised pay statements during the course of his employment from late October – 5 December 2001.

(iv) Pursuant to Article 56 of the 1996 Order, the Tribunal declares that, contrary to Article 45 of the 1996 Order, the Applicant suffered unauthorised deductions from wages, and is owed £150.00 gross for 3, 4, and half of 5^th December 2001. Pursuant to Article 56(a) of the 1996 Order, the Tribunal now Orders the Respondent to repay to the Applicant the sum of £150.00 gross for wages for the period 3-5 December 2001.

(v) Pursuant to Article 56 of the 1996 Order, the Tribunal declares that, contrary to Article 45 of the 1996 Order, the Applicant has suffered authorised deductions from wages of £80.32 for unpaid overtime on 16 November 2001. Pursuant to Article 56(a) of the 1996 Order, the Tribunal now Orders the Respondent to repay to the Applicant the sum of £80.32 for unpaid overtime for the period circa 16 November 2001.

(vi) 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: 29 May 2002, Belfast

Date decision recorded in register and issued to parties: