Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2944/04

CLAIMANT: Eugene Felix Monaghan

RESPONDENTS: 1. Richard Nash

2. Sunrise Limited

DECISION

The unanimous decision of the tribunal is that the proper respondent to the proceedings is Sunrise Limited and the complaint against Richard Nash is dismissed by the tribunal without further order. The tribunal finds the claimant's complaint in its entirety well founded and orders the respondent to pay to the claimant the sum of £2,724.98 being monies unlawfully deducted from the claimant by the respondent.

Appearances:

The claimant appeared and represented himself.

The respondents did not attend and were not represented.

THE ISSUES

1. The claimant's complaint was of 'non payment of salary for August 2004'. The claimant named the respondent, Mr Richard Nash, and the Limited Company, Sunrise Limited, as his employer in his originating application. The tribunal had to determine the correct identity of the respondent. Having claimed in his originating application, "non-payment of salary for August 2004", in a reply dated 20 November 2004 to an Order for Particulars dated 15 November 2004 issuing from the tribunal, the claimant elaborated upon his complaint to include a claim for the sum of £491.40 which he stated had been deducted from his wages by the respondent but which sum had not been paid into his Standard Life pension plan, notwithstanding a contractual agreement to that effect. Further, at the hearing, the claimant contended that there was a contractual agreement that the respondent would additionally pay the sum of £630.00 by way of employers' contribution to the said pension plan, but such sum was not paid. Accordingly, the tribunal had to

determine the claimant's complaint as initially set out and as amended and further clarified at the hearing before the tribunal.

THE TRIBUNAL'S DECISION

2. The tribunal heard the matter and, in accordance with Rule 30(2) of the Industrial Tribunals Rules of Procedure ('the Rules') contained in Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005, gave its decision and oral reasons at the conclusion of the hearing.
3. In accordance with Rule 30(3) of the Rules, the tribunal's unanimous decision is that in this case the proper respondent is the company, Sunrise Limited, and Richard Nash is dismissed as respondent to the proceedings without further order. The tribunal's further, and unanimous, decision is that the claimant's monetary claim in its entirety to include:-

(a) a claim for unpaid salary for the month of August 2004, the sum of

£1,603.58; and

(b) monies deducted from the claimant's wages by the respondent, the sum of

£491.40 and not paid into the Standard Life pension plan; and

(c) employers' contributions to the said pension plan agreed to be paid by the

respondent but not paid, the sum of £630.00,

being the total sum of £2,724.98, represent monies which were the subject of an unlawful deduction on the part of the respondent as employer. The tribunal finds the claimant's complaint in its entirety to be well-founded and orders the respondent, Sunrise Limited, to pay to the claimant the total sum of £2,724.98.

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order

(Northern Ireland) 1990.

Chairman:

Date and place of hearing: 26 May 2005, Enniskillen.

Date decision recorded in register and issued to parties: