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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Scott v Its Your Right Ltd [2008] NIIT 1586_07IT (04 April 2008)
URL: http://www.bailii.org/nie/cases/NIIT/2008/1586_07IT.html
Cite as: [2008] NIIT 1586_07IT, [2008] NIIT 1586_7IT
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- These four claims were consolidated by Order of the Tribunal made on 20 December 2007.
- The title of the proceedings is amended to that now shown to reflect the fact that the respondent is a limited liability company.
- Claimant 1 – Heather Scott
- Claimant 2 – Andrew Donald Davidson
- Claimant 3 – Ashley Muir
- Claimant 4 – Martin Thomas Seenan
- This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
CASE REFS: 1586/07
1587/07
1591/07
1729/07
CLAIMANTS: Heather Scott
Andrew Donald Davidson
Ashley Muir
Martin Thomas Seenan
RESPONDENT: Its Your Right Limited
The unanimous decision of the tribunal is as follows:-
(i)(a) that the respondent company do pay to the claimant, Heather Scott, the sum of £1,077 in respect of unauthorised deductions from her wages; and
(b) that it do pay to her the further sum of £2,580 for breach of contract in respect of sums outstanding on the termination of her employment with the respondent company;
(ii)(a) that the respondent company do pay to the claimant, Andrew Donald Davidson, the sum of £1,519 in respect of unlawful deductions from wages; and
(b) that it do pay to him the further sum of £1,150 for breach of contract in respect of sums outstanding on the termination of his contract of employment with the respondent company;
(iii)(a) that the respondent company do pay to the claimant, Ashley Muir, the sum of £1,077 in respect of unlawful deductions from her wages; and
(b) that it do pay to her the further sum of £1,200 for breach of contract in respect of sums outstanding on the termination of her contract of employment with the respondent company;
(iv) that the respondent company do pay to the claimant, Martin Thomas Seenan, the sum of £3,381 in respect of unlawful deductions from his wages.
Constitution of Tribunal:
Chairman: Mr Buchanan
Members: Mr McKenna
Mrs Doran
Appearances:
The claimants appeared in person.
The respondent company was not represented at the hearing.
| 3. | (i) | Notices of Hearing were sent to the parties on 10 January 2008. |
| (ii) | The respondent company was not represented at the hearing but in reaching its decision, the tribunal took into account the responses presented by the respondent company. | |
| 4. | (i) | The respondent company carried on business as a mortgage company. It specialised in providing mortgages for council tenants – in Northern Ireland Housing Executive tenants – who wished to exercise their right to buy the properties in which they lived. |
| (ii) | The claimants were employed as canvassers, or sales representatives for the company. Their periods of employment were all comparatively short, from 12 April – 10 June 2007 (in the case of Mr Seenan, from 16 April 2007 – 10 August 2007). |
|
| 5. | (i) | It is clear that the employment relationship was not a happy one. Each claimant alleges that at the date of termination sums were owing to him or her from the respondent company in respect of unpaid wages and unpaid bonuses and expenses. |
| (ii) | Each claimant gave evidence. We found them truthful, and from their oral evidence and the documentary evidence which we also considered, we make the following findings of fact. |
(i) We find that Ms Scott was owed a sum of £1,077 net in respect of 30 days wages.
(ii) We further find that she was owed a sum of £2,480 in respect of unpaid bonuses, and a further sum of £100 in respect of unpaid expenses. We are satisfied that she was contractually entitled to both the bonus payment and the expenses.
(iii) (a) it is therefore ordered that the respondent company do pay to Heather Scott the said sum of £1,077 in respect of unauthorised deductions from her wages; and
(b) that it do pay to her the further sum of £2,580 in respect of breach of contract.
(iv) The total amount payable to Heather Scott is £3,657.
(i) We find that Mr Davidson is owed a sum of £1,519 in respect of unpaid wages.
(ii) We further find that he was owed a sum of £1,050 for bonuses in respect of 'sales', and the sum of £100 in respect of expenses. Again, we are satisfied that he was contractually entitled to both the bonus payments and the expenses.
(iii) (a) it is therefore ordered that the respondent company do pay to Andrew Donald Davidson the said sum of £1,519 net in respect of unauthorised deductions from his wages; and
(b) that it do pay to him the further sum of £1,150 occasioned as a result of its breach of his contract of employment.
(iv) The total amount payable to Mr Davidson is £2,669.
Mr Davidson confirmed in open tribunal that although his claim has also been registered as one of holiday pay, he had no such claim.
(i) We find that Ms Muir is owed the sum of £1,077 net in respect of unpaid wages.
(ii) We further find that she is owed the sum of £1,060 in unpaid bonuses, and the sum of £140 in expenses. We are satisfied that she is contractually entitled to these amounts.
(iii) (a) it is therefore ordered that the respondent company do pay to Ashley Muir the said sum of £1,077 in respect of unauthorised deductions from her wages; and
(b) that it do pay to her the further sum of £1,200 occasioned as a result of its breach of the claimant's contract of employment.
(iv) The total amount payable to Ashley Muir is £2,277.
(i) We find that the sum of £3,381 is owing to this claimant in respect of unpaid wages. He confirmed in open tribunal that this was the only amount which he was claiming.
(ii) It is therefore ordered that the respondent company do pay to the said Martin Thomas Seenan the sum of £3,381 in respect of unauthorised deductions from wages.
Chairman:
Date and place of hearing: 27 March 2008, Belfast
Date decision recorded in register and issued to parties: