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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Henderson v Look C Ltd [2008] NIIT 746_08IT (29 December 2008)
URL: http://www.bailii.org/nie/cases/NIIT/2008/00746.html
Cite as: [2008] NIIT 746_8IT, [2008] NIIT 746_08IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 746/08
CLAIMANT: Michael Henderson
RESPONDENT: Look C Ltd
DECISION
The decision of the tribunal is that the respondent is to pay to the claimant £2,450.16 in respect of unpaid wages.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs Watson
Appearances:
The claimant appeared in person
The respondent did not appear and was not represented
REASONS
As the respondent did not appear, the tribunal disposed of the matter under Rule 27 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005, by reference to the oral and documentary evidence from the claimant, and by reference to the information contained in his evidence, in the originating claim form and in the response of the respondent.
In or about March 2008, the claimant became aware that he had not been receiving his full remuneration from his employer, the respondent. In his originating claim form, the claimant stated, at paragraph 10.2, that he was owed a total of £2450.16 from 1 April 2004, the date of his appointment as Regional Sales Manager to the termination of his employment on 4 September 2008.
In their response, the respondent admitted an underpayment but alleged that the sum owed was £2149.66. The difference arose because the respondent alleged that the underpayment had started when the claimant had taken up his new contract on 1 November 2004.
The claimant provided a copy of his contract to the tribunal. This states that the claimant’s employment with the respondent as a Regional Sales Manager at a salary of £28,000 per annum began on 1 April 2004, not November 2004 as claimed by the respondent.
The respondent has acknowledged that there was an underpayment of wages to the claimant from that time. The tribunal therefore orders that the sum of £2450.16 be paid by the respondent to the claimant.
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 9 December 2008, Belfast
Date decision recorded in register and issued to parties: