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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hynds v Egan & Anor (t/a Enable Supplies) [2006] NIIT 1189/05 (27 April 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/1189_05.html
Cite as: [2006] NIIT 1189/05, [2006] NIIT 1189/5
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1189/05
CLAIMANT: Anna Hynds
RESPONDENTS: Ben and Noreen Egan t/a Enable Supplies
DECISION ON APPLICATION FOR REVIEW
I hereby revoke the decision not to accept that part of the claim which relates to unlawful deduction from wages, holiday pay and commission and I direct that that part of the claim presented to the tribunal on 11 August 2005 should be accepted.
Constitution of Tribunal:
Chairman: Mrs M Davey
Appearances:
The claimant was represented by Mr M Bernard, Barrister-at-Law, instructed by M Diane M Coulter, Solicitor.
Reasons:
In view of the letter sent by the claimant's solicitor to the respondents' representative on 8 July 2005, I am satisfied that this letter was sufficient to be considered as the claimant's complaints in writing to the respondents in that that letter dealt with the claimant's dissatisfaction with regard to outstanding monies owed, breach of contract, holiday pay and a failure to pay commission.
In the circumstances, I am satisfied that a grievance had been presented in writing to the respondents more than 28 days before the claim was presented to the tribunal. In coming to this conclusion, I am satisfied that the respondents have been aware of the complaints which the claimant was making prior to the presentation of her claim to the tribunal and I therefore consider that there would be more prejudice to the claimant if these matters were not accepted as part of her claim than there would be to the respondents in those complaints being accepted.
Chairman:
Date and place of hearing: 27 April 2006, Belfast
Date decision recorded in register and issued to parties: