Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 860/07

CLAIMANT: David Taylor

RESPONDENT: Caitlin Hall

DECISION

The unanimous decision of the tribunal is that claimant's complaint is well-founded and the respondent is to pay the claimant the sum of £3,342.16.

Constitution of Tribunal:

Chairman: Mrs Wilson

Members: Mr Henry

Mrs Cummings

Appearances:

The claimant appeared in person representing himself.

There was no appearance by or on behalf of the respondent. In any event the respondent not having lodged a response to the claim as required by Paragraph 4 of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedures) Regulations (Northern Ireland) 2005 had no entitlement to take part in the proceedings.

The tribunal considered the originating claim, documents handed in by the claimant and the claimant's evidence.

The claim

The claimant in his originating claim claimed the sum of £2,556.00 in respect of unpaid wages. The tribunal considered this aspect of the claim under the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994. During the course of the hearing the claimant sought to amend his application to include a claim in respect of unpaid holiday entitlement and notice pay. The tribunal allowed this amendment and considered these aspects of the claim under Part (X) of the Employment Rights (Northern Ireland) Order 1996 and the Working Time Regulations (Northern Ireland) 1998 (as amended) respectively.

Findings of Fact

The tribunal made the following findings of fact:-

(i) The claimant was employed by the respondent as an advertising executive from 2 February 2007 until his resignation on 12 March 2007.

(ii) The claimant was not furnished with a written contract of employment despite assurances given by the respondent that a contract was being drawn up.

(iii) Salary due to the claimant for the period ending on 28 February was paid by way of a third party cheque which on being lodged to his bank account was returned marked "referred to drawer".

(iv) Despite assurances to the contrary the respondent failed to honour this cheque.

(v) Following the return of this cheque by the claimant's bank the respondent did not respond to the many attempts made by the claimant to contact her.

(vi) The claimant's resignation was prompted by the fact that he had received no wages since the commencement of his employment, the cheque in respect of the period ending 28 February 2007 was returned unpaid and the respondent was not responding to the many attempts made to contact her.

(vii) The amount owed to the claimant in respect of unpaid wages at the time of his resignation amounted to the sum of £2,556.00.

(viii) The claimant lodged a grievance with the respondent on 1 April 2007. No response was received to the grievance. In the circumstances of this case the tribunal find that the award to the claimant should accordingly be uplifted by 20% pursuant to Article 17 of the Employment (Northern Ireland) Order 2003.

(ix) The claimant was entitled to three and a half days holidays at the time of his resignation.

(x) Compensation is awarded as follows:-

Unpaid wages £2,556.00

Holiday pay £ 229.16

Total £2,785.16 plus

Uplift at 20% £ 557.00

Total £3,342.16

(xi) The tribunal finds that it has no jurisdiction to award notice pay by reason of the fact that the claimant resigned.

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

Chairman:

Date and place of hearing: 23 July 2007, Belfast

Date decision recorded in register and issued to parties: