Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 2050/07

CLAIMANT: Mark O'Neill

RESPONDENT: Sarcon (No 214) Ltd t/a Domino's Pizza

DECISION

The decision of the tribunal is that the claimant's claim in respect of unauthorised deductions from wages be dismissed.

Constitution of Tribunal:

Chairman (sitting alone): Mr D Buchanan

Appearances:

The claimant did not attend the hearing, nor was he represented.

The respondent company was represented by Mr G Watt, Barrister-at-Law, instructed by Flynn & McGettrick, Solicitors.

1. The claimant did not attend the hearing. No communication was received from him. I rose for a short while in case he had been delayed. When I sat again at 10.30 am I decided that it was appropriate to determine the proceedings in his absence.

In doing so, I had regard to the contents of the claim form. I also heard evidence from Mr Gordon McIlmoyle, the respondent company's area manager, and considered documentary evidence adduced by the respondent company, in particular a statement of the claimant's main terms of employment, and extracts from the Company's Employee Handbook, which are incorporated into the claimant's contract of employment.

2. The claimant, a trainee manager at the respondent company's Kennedy Way branch, alleges that unauthorised deductions were made from his wages in the period from 16 April 2007 until the termination of his employment on 15 September 2007. The deductions were in respect of cash deficiencies in takings amounting to £690, and it appears that by the time he left his employment, £630 of what was allegedly owing had been deducted.
3. I am satisfied from the evidence of Mr McIlmoyle and the documentary evidence that the deductions made by the respondent company were lawful, having been made under a relevant provision in the claimant's contract of employment which permitted the employer to adopt such a course of action. Notice of the contractual provision had been given to the claimant on an occasion prior to the events leading to the making of the deductions.

I therefore dismiss the claim.

4. The respondent company reserves the right to make an application for costs against the claimant.

Chairman:

Date and place of hearing: 23 May 2008, Belfast

Date decision recorded in register and issued to parties: