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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kelly v Blythe (t/a Aston Stevenson) [2007] NIIT 2784_02 (8 January 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/2784_02.html
Cite as: [2007] NIIT 2784_2, [2007] NIIT 2784_02
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2784/02IT
CLAIMANT: Tracey Philomena Kelly
RESPONDENT(S): Gary Blythe trading as
Aston Stevenson
DECISION
The unanimous decision of the tribunal is that the respondent is ordered to pay the claimant the sum of £573.86 in respect of unpaid wages for the period 29 October 2002 until 22 November 2002.
Constitution of Tribunal:
Chairman: Ms J Knight
Panel Members: Mr F Dodds
Mr J Hall
Appearances:
The claimant did not appear and as was not represented.
The respondent did not appear and was not represented.
The issue for the Tribunal was whether the respondent owed the claimant unpaid wages from 2 October 2002 until 22 November 2002 pursuant to Article 3 of the Industrial Tribunals Extension of Jurisdiction (Northern Ireland) Order 1994.
The Tribunal decided to dispose of the proceedings in the absence of the parties pursuant to rule 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005. The claimant had indicated by letter that she wished the tribunal to deal with the originating claim in her absence. None of the named respondents had entered a response to the claimant's originating claim and the tribunal was satisfied that the Notice of Hearing had been served on the respondents.
The tribunal considered the information in its possession made available to it by the claimant. No other information was provided to the tribunal by the named respondents.
After considering this information the tribunal was satisfied on a balance of probabilities that:-
The claimant's employer at the relevant time was Gary Blythe trading as Aston Stevenson, and therefore the title of the proceedings is amended accordingly. Dierdre O'Neill is dismissed from the proceedings.
The claimant was employed by the respondent from 30 September 2002 until 22 November 2002 as a Telesales plus Database Development Officer.
Her gross monthly pay was £750.00 and her net monthly pay was £652.40, due to be paid on the 28th day of each month.
Her employment was terminated by her employer on 22 November 2002. The claimant received £652.40 for the period up until 28 October 2002, which was paid six days late.
The claimant was assured that she would be paid her wages for the period 29 October 2002 until 22 November 2002 on 28 November 2002, which did not happen.
The respondent ignored the claimant's request for her outstanding wages and her P45.
When her P45 was sent to her on 5 December 2002, the claimant noticed that it stated incorrectly that she had been paid up until the 22 November 2002, which she immediately disputed with the respondent and the Inland Revenue.
The tribunal is satisfied that the respondent did not pay any further wages to the claimant in respect of the period from 29 October 2002 until 22 November 2002.
The tribunal is satisfied on a balance of probabilities that the claimant is contractually entitled to be paid the sum of £573.86 in respect of unpaid wages by the respondent.
The tribunal therefore orders the respondent to pay to the claimant the sum of £573.86.
This is a relevant decision for the purposes of the Industrial Tribunal (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 24 November 2006, Belfast.
Date decision recorded in register and issued to parties: