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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> O'Brien v Morrison Haulage [2003] NIIT 2715_02 (13 May 2003)
URL: http://www.bailii.org/nie/cases/NIIT/2003/2715_02.html
Cite as: [2003] NIIT 2715_2, [2003] NIIT 2715_02
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- The applicant was employed as a lorry driver by the respondent. On 19 June 2002 he was involved in an accident whilst tipping at Mallusk. The driver of the other vehicle, a tractor, at first accepted responsibility but following a phone call from his employers the acceptance of liability was withdrawn.
- The applicant produced letters from his Solicitors to the respondent claiming that the applicant was entitled to 3 days pay, one weeks wages in lieu of notice and one weeks holiday pay. The Solicitors letter indicated that this meant the sum of £650.00 was outstanding. There was no documentary evidence by way of pay slips and as the applicant's evidence was that he was paid £130.00 net weekly, the tribunal assessed the monies due at £455.00 i.e., 3 weeks @ £130.00 + £65.00 for 3 days.
- This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
CASE REF: 2715/02
APPLICANT: Michael O'Brien
RESPONDENT: Morrison Haulage
The unanimous decision of the tribunal is that the applicant was entitled to the sum of £455.00 in respect of outstanding wages, pay in lieu of notice and holiday pay.
Appearances:
The applicant was represented by Mr J. McFadden, Barrister-at-Law, instructed by MacDermott & McGurk, Solicitors.
The respondent had not entered a Notice of Appearance and did not attend nor were they represented.
Summary Reasons
The applicant informed Mr Morrison and later that day he saw Mr Morrison who summarily dismissed him.
The applicant phoned the next day seeking payment of his outstanding wages. Mr Morrison refused to pay him as he would need the money to repair the lorry.
The tribunal orders the respondent to pay the sum of £455.00 to the applicant.
Chairman:
Date and place of hearing: 13 May 2003, Londonderry
Date decision recorded in register and issued to parties: