Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 1072/06

CLAIMANT: Colleen MacKinnon

RESPONDENTS: 1. Velocity Cafe

2. Gwen Baker

3. Joseph Browne

DECISION

It is the decision of the tribunal that the claimant's claim of right to receive an itemised pay statement be rejected. The claimant's claims for unfair dismissal and/or constructive dismissal were previously rejected as they did not contain the required information. The claims for breach of contact (notice pay) constructive dismissal and right to paid annual leave were rejected as the claimant had not waited the requisite period of 28 days prior to presenting her claim to the tribunal, and no further claims were lodged within the extended time limit.

Constitution of tribunal:

Chairman: Ms Crooke

Members: Dr Mercer

Mr Jones

Appearances:

The claimant did not appear and did not instruct any representation.

The respondents did not appear and did not instruct any representation.

The relevant law is found in the Employment Rights (Northern Ireland) Order 1996.

Facts Found and the Claim and Defence

1. The claimant worked as a manager for the respondent, and gave notice of intention to leave on 3 August 2006. She contended that she did not receive all her pay-slips, and this was denied by the respondent.

Conclusions

2. The tribunal considered that deciding the case in the absence of the parties was consistent with the overall objective as it was proportionate, both parties were treated equally and it saved expense.
3. As the claimant had not provided the information necessary to allow the tribunal to make findings on what would be the necessary information to constitute the pay-slip, her claim is dismissed.

Chairman:

Date and place of hearing: 22 June 2007, Belfast

Date decision recorded in register and issued to parties: