Industrial Tribunals Northern Ireland Decisions

 


INDUSTRIAL TRIBUNALS

CASE REF: 316/03

APPLICANT: Christopher McMaster

RESPONDENT: Andrew McCoy

DECISION

The unanimous decision of the tribunal is that the applicant's claims are well founded. The tribunal declares that the respondent is to pay the sum of £717.00 being 3 weeks net wages to the applicant. The tribunal also declares that the respondent did not provide the applicant with a statement of pay.

Appearances:

The applicant appeared in person and represented himself.

The respondent did not appear, did not instruct any representation and did not enter a Notice of Appearance.

Summary Reasons

The tribunal found the following facts:-

1. The applicant was employed by the respondent for the period from 2 December 2002 to 23 December 2002.
2. The applicant had substantial cause for dissatisfaction with his employment in that he was required to carry out work for which he was not originally employed and for which he did not receive adequate training.
3. The applicant resigned from employment with the respondent on 23 December 2002. The applicant claimed for three weeks net pay at the rate of £239.00 per week. The first week the respondent had paid the applicant for his first week's employment at the rate of £239.00 net but had subsequently cancelled the cheque. The applicant was not paid for the following two weeks of his employment. Accordingly, the tribunal declares that the applicant is entitled to receive three weeks net pay at the rate of £239.00 per week being £717.00.
4. Pursuant to Article 44(3) of the Employment Rights (Northern Ireland) Order 1996 the tribunal declares that the employer failed to give the employee any pay statement in accordance with Article 40.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 12 January 2004, Belfast.

Date decision recorded in register and issued to parties: