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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Fox vKelly (t/a Kelson Electrics) [2005] NIIT 727_05 (12 October 2005)
URL: http://www.bailii.org/nie/cases/NIIT/2005/727_05.html
Cite as: [2005] NIIT 727_5, [2005] NIIT 727_05
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THE INDUSTRIAL TRIBUNALS
CASE REF: 727/05
CLAIMANT: Aidan Fox
RESPONDENT: Shane Kelly t/a Kelson Electrics
DECISION
I hereby order that the respondent should pay damages to the claimant for breach of contract in the sum of £1,968.10.
Constitution of Tribunal:
Chairman: Mrs M Davey
Appearances:
The claimant was represented by Mr J Pollock, of Amicus.
The respondent was neither present nor represented.
The claimant entered a training contract under the Modern Apprenticeship scheme with the respondent which was intended to last for four years from 13 September 2004. The training contract was to be read in conjunction with the 1999 JIB Training Scheme for Electrical Installation Apprentices. The claimant was dismissed by the respondent on 15 February 2005.
The wage rates laid down under the JIB Training Scheme were that a first year apprentice who provided his own transport was to be paid at the rate of £3.92 per hour up to 31 December 2004 and at £4.07 per hour from 1 January 2005.
The claimant's contractual hours were 37½ per week.
Under the JIB Training Scheme the claimant should have been paid £3.92 x 37.5 hours x 15 weeks, which amounts to £2,205 for the period 13 September 2004 to 31 December 2004. Instead the claimant was paid £750 by the respondent for that period. The respondent has therefore failed to pay the claimant £1,455 for that period.
For the period from 3 January 2005 to 15 February 2005 (5 weeks) the claimant should have been paid £4.07 x 37.5 hours x 5 weeks, which amounts to £763.10. Instead the claimant was paid £250 by the respondent for that period. The claimant should therefore have been paid £513.10 for that period.
In total therefore the respondent has breached the claimant's contract of employment by failing to pay him the proper amounts to which he was entitled under his contract in the amount of £1,968.10.
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 12 October 2005
Date decision recorded in register and issued to parties: