Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 751/ 06

CLAIMANT David William Robert Bowyer

RESPONDENTS 1 Maurice Lynn Motors

2 Department for Employment and Learning

DECISION

The unanimous decision of the tribunal is that the claimant is not entitled to any further payment from the respondents in respect of unpaid wages.

Constitution of Tribunal:

Chairman: Mr Cross

Panel Members: Miss Graham

Mr McParland

Appearances:

The claimant did not appear and was not represented.

The first named respondent did not appear and was not represented.

The second named respondent was represented by Ms Dobbin of the Department.

The claim and response

1. The only evidence of the claimant's claim before the tribunal was that set out in his application to the tribunal. The tribunal decided to proceed to deal with the claim on that information.
2. The claimant claimed, that on the closure of the first named respondent's business, on it becoming insolvent, the second named respondent ("DEL"), paid him his redundancy entitlement and outstanding wages but not outstanding holiday money. This he stated amounted to £444.19.
3. DEL in its evidence, given by Ms Dobbin to the tribunal, stated that it had tried to obtain from the claimant, details of how this unpaid holiday money was calculated, as the figure given by the claimant in his form IT1 could not be confirmed against the figures in the books of the first named respondent, which books were in the custody of DEL. The books gave the impression that no holiday pay was due to the claimant.

Decision

4. The tribunal in the absence of the claimant and with no other information from him concerning his claim for outstanding holiday pay, accept the evidence of DEL that no such money was outstanding when the business closed. The claim is dismissed.

Chairman:

Date and place of hearing: 27 October 2006, Belfast.

Date decision recorded in register and issued to parties: