Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 900/07

CLAIMANT: Michelle Henry

RESPONDENT: Cathlin Hall

DECISION

The unanimous decision of the tribunal is that the claimant's complaint is well-founded and the respondent is to pay the claimant the sum of £6,082.42.

Constitution of Tribunal:

Chairman: Mrs A Wilson

Members: Mr Henry

Mrs Cummins

Appearances:

The claimant appeared in person and represented herself.

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 Procedure) Regulations (Northern Ireland) 2005, had no entitlement to take part in the proceedings.

The claim

1. The claimant in her originating claim claimed the sum of £3,645.82 in respect of unpaid wages. She claimed the further sum of £1,162.86 in respect of a mobile phone bill which she discharged at the request of the respondent and for which reimbursement is due. The tribunal considered these aspects of the claim under the Industrial Tribunals Extension of Jurisdiction (Northern Ireland) Order 1994.
2. During the course of the hearing the claimant sought to amend her application to include a claim in respect of unpaid holiday entitlement and notice pay. The tribunal 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

3. The tribunal made the following findings of fact having considered the claimant's originating claim, her oral evidence and documents handed in by her during the course of the hearing:-

The claimant was employed by the respondent as an Assistant Editor on Mama Mia magazine from 2 February 2007 until her resignation on 20 March 2007.

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

The claimant received no salary in respect of her employment and the sum of £3,645.82 is due to her in respect of unpaid salary.

The claimant paid the sum of £1,162.86 in respect of an outstanding mobile phone bill in connection with her employment. This was paid at the request of the respondent and on the understanding that reimbursement would be made. This sum remains outstanding.

The claimant's resignation was prompted by the fact that she had received no wages since the commencement of her employment and that monies due in respect of her mobile phone bill remained outstanding.

The claimant lodged a grievance with the respondent on 21 March 2007. No response was received to the grievance. In the circumstances of this case the tribunal finds that the award to the claimant should accordingly be uplifted by 20% pursuant to Article 17 of the Employment (Northern Ireland) Order 2003.

The claimant was entitled to 3¹/₂ days holidays at the time of her resignation.

4. Compensation is awarded as follows:-

Unpaid wages £3,645.82

Holiday pay £ 260.00

Amount outstanding in respect of work-related mobile phone £1,162.86

Total £5,068.68

Uplift (£5,068.68) at 20% £1,013.74

Total £6,082.42

5. The tribunal has no jurisdiction to award notice pay by reason of the fact that the claimant resigned.
6. 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: