Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 200/07

CLAIMANT: Kathryn Belch

RESPONDENT: Ards Development Bureau & Community Network

DECISION ON A PRE-HEARING REVIEW

The time for presentation of the claimant's claim for unauthorised deductions from wages and breach of contract was already automatically extended by virtue of the provisions of Regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004. It was therefore unnecessary to consider the issues before the tribunal. The tribunal also allowed an amendment to include a claim for breach of contract.

Constitution of Tribunal:

Chairman: Mr S A Crothers

Appearances:

The claimant appeared in person.

The respondent did not appear and was not represented.

1. The respondent forwarded correspondence to the tribunal dated 23 July 2007 indicating that there would be no attendance or representation at the pre-hearing review and that the contents of the respondent's response should be taken into account by the tribunal with the attachments thereto.
2. The issue listed before the tribunal was whether it had jurisdiction to hear the complaint of unauthorised deductions from wages in view of the provisions of Article 55 (2) and 55 (4) of the Employment Rights (Northern Ireland) Order 1996. The tribunal, having heard evidence from the claimant, gave leave to amend the claimant's claim form to include a claim for breach of contract in relation to what the claimant alleged was failure by the respondent to pay contributions to a pension fund for a period of 44 months from January 2003 totalling £1,734.92. There was no issue taken by the respondent in advance of the hearing that a grievance under the standard procedure had not been raised within the normal time limit for a claim under Part IV of the Employment Rights (Northern Ireland) Order 1996 (Protection of Wages). As the same facts are being relied on in relation to an alleged breach of contract, such a claim has also been sent to the employer within the normal time limit and therefore this claim is also presented within time under Regulation 15 previously referred to.
3. The tribunal is cognisant of the previous Pre-Hearing Review decision of 3 May 2007 dealing with the time issue in respect of the unfair dismissal aspect of the case. The claims in relation to unauthorised deductions from wages and breach of contract will now be listed for a tribunal hearing. The response already entered by the respondent will also be deemed to be a response in relation to the alleged breach of contract which is specifically highlighted in Paragraph 10 of the claimant's claim form.

Chairman:

Date and place of hearing: 9 August 2007, Belfast.

Date decision recorded in register and issued to parties: