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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McKee v Euro Doors Ltd [2006] NIIT 183_06 (31 May 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/183_06.html
Cite as: [2006] NIIT 183_06, [2006] NIIT 183_6
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- The claimant presented an originating complaint that during his employment with the respondent, between 4 July 2005 to 11 November 2005, as a sales representative his employer, had continually been late in furnishing him with payment in respect of wages and mileage expenses accrued. In September 2005 he received payment in respect of monies accrued for July and August 2005. He received no further payments prior to leaving his employment on 11 November 2005. The originating complaint was received in the Office of the Industrial Tribunals and Fair Employment Tribunal on the 10 February 2006.
- The claimant gave oral evidence. The tribunal also gave consideration to the originating application and the various documents provided by the claimant at hearing. The tribunal having considered all the evidence, both oral and documentary, found the following facts.
- The claimant was employed by Euro Doors Limited in July 2005 and received a written employee handbook. It was clear from copy correspondence, dated 7 December 2005 attached to the originating complaint that the parties were in agreement as to the sum of monies owed in respect of wages and mileage expenses, after income tax and national insurance contributions were deducted.
- It was clear from wage slips produced to the tribunal that the claimant's gross monthly wage was £1,666.66. The Employee handbook confirmed that mileage allowance was provided and that wages were to be paid monthly "by the last Thursday of the current month".
- The claimant's mileage claim was for 3,780 miles at 30 pence a mile, amounting to £1,134.
- The parties to the contract during September and the following months made a number of verbal variations to the contract in respect of part or late payment of wages and mileage expenses accrued, pending receipt of orders placed with the respondent company being effected. However in November 2005 it became clear to the claimant that the delay in the order being effected was solely due to the respondent. The claimant terminated his contract of employment and demanded payment of all monies owing by letter dated 18 November 2005.
- The respondent by letter dated 7 December 2005 acknowledged that the sum of £3,200 after tax was due and owing to the claimant.
- The claimant made no submissions at hearing.
- The tribunal considered the legal authority provided at Harvey on "Industrial Relations and Employment Law", the provisions of the Industrial Tribunals (Extension of Jurisdiction) (Northern Ireland) Order 1996 and the provisions of Article 45 of the Employment Rights (Northern Ireland) Order 1996. Delaney v Staples (t/a De Montfort Recruitment) 1991 IRLR 112 CA is authority that "deductions" as referred to in Article 45 of the Employment Rights (Northern Ireland) Order 1996 includes a failure or refusal to pay monies.
- The tribunal has determined that the respondent made unlawful deductions of wages in November 2005 and was in breach of contract in failing to pay to the claimant the monies owed to the claimant in respect of wages and mileage accrued by the end of November 2005. Accordingly the tribunal orders the respondent to pay to the claimant the sum of £ 3,200.
- The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations (Northern Ireland) 1996 do not apply.
- This decision is a relevant decision under the Industrial Tribunals (Interest) (Northern Ireland) Order 1990.
CASE REF: 183/06
CLAIMANT: Edward McKee
RESPONDENT: Euro Doors Limited
The decision of the tribunal is that the second named respondent Neil Harron should be dismissed from the proceedings and the correct name of the parties is as detailed above.
The claimant's complaint in respect of unpaid wages and mileage expenses is well founded and the respondent is ordered to pay to the claimant the sum of £3,200.
Constitution of Tribunal:
Chairman: Ms M Sheehan (Chairman sitting alone)
Appearances:
The claimant appeared at hearing.
The respondent failed to enter an appearance.
The issue for the tribunal was to decide whether the claimant had suffered an unlawful deduction of wages or suffered loss as a result of a breach of his contract of employment when the respondent failed to pay salary and expenses due to the claimant for the months of September, October and part of November 2005.
Chairman:
Date and place of hearing: 31 May 2006, Belfast.
Date decision recorded in register and issued to parties: