Industrial Tribunals Northern Ireland Decisions

Johnston v Abbeyview Nursing Home (Notice Pay) [2003] NIIT 2008_02 (29 January 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 2008/02

APPLICANT: Lisa Johnston

RESPONDENT: Abbeyview Nursing Home

DECISION

SUMMARY REASONS

It is the unanimous decision of the Tribunal that the applicant's case be dismissed, on the grounds that it is not well-founded.

Appearances:

The applicant did not appear and did not instruct any representation, but her Originating Application was 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.

The respondent was represented by Mr James Anderson.

In reaching its decision the tribunal had before it a bundle of documentation prepared by the respondent and on the basis of the documents and the evidence of Mr Anderson found the following facts:-

1. The applicant resigned from employment with the respondent without giving any notice.
2. It is a term of the applicant's contract of employment with the respondent that:-

"Where an employee, without permission, fails to work out the notice period he/she is required to give he/she will forfeit a sum equivalent to wages for the unworked period, from any arrears of wages and/or holiday pay which have not been paid. This applies regardless of the fact that these monies have already been earned".

3. In the week in which the applicant resigned, she had worked a total of 18 hours out of her usual 30 hour week.
4. The respondent paid the applicant the sum of £94.80 as a final payment and in reaching this figure aggregated the balance hours of holidays due to the applicant of 35¹/₂ hours together with the 18 hours worked to make a total of 53¹/₂ hours. From that, the respondent deducted the 30 hours of notice which the applicant was required to give to the respondent. This left a figure of 23¹/₂ hours which is represented by the final payment of £94.80.
5. Under Article 45(1)(a) of the Employment Rights (Northern Ireland) Order 1996, an employer is entitled to make a deduction from wages of a worker employed by him if authorised by a relevant provision of the worker's contract. The tribunal unanimously finds that the deduction was so authorised. and accordingly the applicant's case is dismissed.

Chairman:

Date and place of hearing: 29 January 2003, Belfast

Date decision recorded in register and issued to parties: