Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 1943/04

APPLICANT: Jane Alison Crawford

RESPONDENTS: 1. No Problem Loans Ltd

2. Mark Townley

DECISION

The unanimous decision of the tribunal is that the tribunal finds the applicant's complaints in respect of unlawful deduction from earnings and pay in lieu of notice well-founded and Orders the respondents to pay to the applicant the total sum of £1,222.33.

Appearances:

The applicant was represented by Ms A Gribben of ATGWU.

The respondents did not appear and were not represented.

This is a decision in summary form.

THE ISSUE

1. The applicant's complaints in her Originating Application were of 'unlawful deduction from earnings' and 'I have not received any payment for my month's work' the applicant also complained of non-payment of pay in lieu of notice. Accordingly, the tribunal had to determine these complaints.

THE TRIBUNAL'S FINDINGS

2. On the evidence before it the tribunal determined that the applicant was employed but was unable to determine whether the applicant was employed by either the second-named respondent, Mark Townley, in a personal capacity or by a company known as "No Problem Loans Limited". Mr Townley appeared to use the name "No Problem Loans Limited" as a trading style but the letterhead used by Mr Townley as seen by the tribunal did not appear to conform with the requirements of the Companies (Northern Ireland) Order 1986, and, in the absence of any further evidence or assistance from the applicant, there was no information that such a company of limited liability existed. Accordingly, the tribunal, in the absence of anything further, determines that both named respondents shall stand as proper respondents in this complaint.
3. The applicant was employed by the respondents with effect from 22 March 2004 and was summarily dismissed without notice or wages in lieu of notice on 20 April 2004 after working for one month. The applicant's pay amounted to £262.23 per week gross and £229.19 net. The net monthly wage was £993.14. There was no written contract of employment in existence at the effective date of termination nor any evidence that the applicant was contractually entitled to any entitlement greater than that provided by statute. The tribunal did not require to determine any further findings of fact for the purposes of this complaint.

THE TRIBUNAL'S DECISION

4. Article 118 of the Employment Rights (Northern Ireland) Order 1996 provides that, on the facts of this case, the period of notice required to be given by an employer to terminate the contract of employment would be one week. The applicant would be entitled to pay in lieu of notice, as notice of termination was not given in this instance. The applicant further complained of non-payment of wages due upon the termination of this employment. The applicant was due one month's wages on termination, that is the sum of £993.14.
5. The tribunal accordingly finds the applicant's complaint well-founded and Orders the respondents to pay to the applicant the following sums:-

Wages in lieu of notice - £ 229.19

One month's wages - £ 993.14

Total £1,222.33

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This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 16 March 2005, Belfast.

Date decision recorded in register and issued to parties: