Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 3140/04

CLAIMANT: John Patrick Burns

RESPONDENTS: 1. John Lorimer

2. Belfast Tile Company

DECISION

The decision of the tribunal constituted as chairman sitting alone under Article 6(2) of the Industrial Tribunals (Northern Ireland) Order 1996 is that:-

The claimant's claim for unlawful deductions from wages is dismissed.

Appearances:

The claimant did not appear and was not represented.

The respondents were represented by Mr John Lorimer.

1. The issues for the tribunal were:-

(a) Was there an unlawful deduction from the wages of the claimant in relation to the number of days he worked in November 2004?

(b) Was he entitled to holiday pay?

(c) Was he entitled to commission?

2. The claimant neither appeared nor was represented. No written representations were provided to the tribunal.
3. The tribunal considered its powers under Regulations 11(3) of the Industrial Tribunals (Court and Rules of Procedure) Regulations (Northern Ireland) 2004. The tribunal considered the originating claim and the response. The tribunal decided to dismiss the claimant's claims because the onus of proving the fact of the unlawful deduction of wages is on the claimant. In the absence of oral evidence from the claimant the tribunal could not reach a determination on those issues.
4. Accordingly, the claim is dismissed.

Chairman:

Date and place of hearing: 20 May 2005, Belfast.

Date decision recorded in register and issued to parties: