Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 348/06

CLAIMANT: Mark Hughes

RESPONDENT: The Youth Justice Agency

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claimant's claims in relation to unlawful deduction from wages and holiday pay be dismissed as he has not complied with the provisions of Article 19(2) of the Employment (Northern Ireland) Order 2003 regarding the requirement to set out a grievance in writing and send a copy of it to the employer and waiting 28 days before presenting the claim to the tribunal.

Constitution of tribunal:

Chairman (sitting alone): Mr S A Crothers

Appearances:

The claimant represented himself.

The respondent was represented by Ms N. Murnaghan, Barrister-at-Law, instructed by the Departmental Solicitor's Office.

1. The issue before the tribunal was whether the claimant is entitled to present a claim to the industrial tribunal for holiday pay and unlawful deduction of wages in view of the provisions of Article 19(1) and (2) of the Employment (Northern Ireland) Order 2003 regarding the requirement to present a grievance in writing to the employer and waiting 28 days before presenting a claim to the tribunal.
2. The claimant conceded at the hearing that he had not raised a grievance in writing in relation to his claim for holiday pay and unlawful deduction of wages and these claims are accordingly dismissed.

Chairman:

Date and place of hearing: 22 March 2007, Belfast.

Date decision recorded in register and issued to parties: