Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 790/06

CLAIMANT: Anthony Gorman

RESPONDENTS: 1. Coleraine Football & Sports Club Limited

2. David Cameron, Former Chairman & Director

3. Department for Employment & Learning

DECISION

The unanimous decision of the tribunal is that the claimant's claim for wages on foot of Articles 227 and 233 of the Employment Rights (Northern Ireland Order) 1996 against the third-named respondent is well-founded and the tribunal Orders the third-named respondent to pay to the claimant the sum of £1,526.88 in respect of unpaid wages.

Constitution of Tribunal:

Chairman: Mr J V Leonard

Members: Mr Currie

Mr Walls

Appearances:

The claimant appeared and represented himself.

There was no appearance on behalf of the first and second-named respondents. Ms K Dobbin of Department for Employment & Learning appeared on behalf of the third-named respondent.

THE ISSUE

1. The claimant made a claim to the tribunal for wages. Consequent upon an earlier preliminary hearing and decision, the claimant's claim on foot of Articles 227 and 233 of the Employment Rights (Northern Ireland Order) 1996 ("the 1996 Order") against the third-named respondent was adjudged to have been made within time. The claimant conceded that the second-named respondent was not his employer and that there was no contractual obligation on the second-named respondent to pay wages. The third-named respondent confirmed that the first-named respondent was insolvent and conceded that, if the tribunal were to determine that the claimant's claim on foot of Articles 227 and 233 of the 1996 Order was to be regarded as well-founded, the third-named respondent would be obliged to pay to the claimant the sum of £1,526.88 in respect of unpaid wages. The tribunal accordingly had to determine if the claim was well-founded.

THE TRIBUNAL'S DECISION

2. The tribunal heard the matter and in accordance with Rule 30 (2) of the Tribunal's Rules of Procedure ("the Rules") contained in Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005, the tribunal gave its decision and oral reasons at the conclusion of the hearing.

3. In accordance with Rule 30 of the Rules, the unanimous decision of the tribunal is that the claimant's claim for wages on foot of Articles 227 and 233 of the Employment Rights (Northern Ireland Order) 1996 against the third-named respondent is well-founded and the tribunal Orders the third-named respondent to pay to the claimant the sum of £1,526.88 in respect of unpaid wages.

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 22 August 2007, Londonderry

Date decision recorded in register and issued to parties: