Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 215/08

CLAIMANT: Michael John Allen

RESPONDENTS: 1. Astriview Ltd

2. Department for Employment & Learning, Redundancy

Payments Branch

DECISION

The decision of the tribunal is that the first-named respondent is ordered to pay the claimant the sum of £2,132.77 in respect of unpaid wages and the sum of £409.50 in respect of expenses.

Constitution of Tribunal:

Chairman (Sitting Alone): Mr S A Crothers

Appearances:

The claimant was present and represented himself.

The first-named respondent was not present and was not represented. The second-named respondent was represented by Patricia Baird.

1. The title of the respondent was amended to that shown above and Leonard Bateman was dismissed as a party to the proceedings.
2. The first-named respondent ("the Company") held a meeting of creditors on 14 December 2007 and appointed Melanie Giles of Philip Gill & Company as liquidator of the company. The second-named respondent ("DEL") was joined as a party to the proceedings on 28 May 2008.
3. The tribunal granted the claimant leave to amend his application to the tribunal to include a claim for breach of contract in respect of payment in lieu of notice.
4. The claimant gave evidence before the tribunal and produced documentation including copies of relevant wage records.
5. The tribunal is satisfied, on the evidence, that the claimant is entitled to payment of wages in the amount of £1,159.85 for February 2006 and an additional amount of £972.92 for the period up to 26 March 2006, totalling £2,132.77, for breach of contract. The claimant had initially claimed constructive dismissal but this part of his claim was rejected as he had not been continuously employed for a period of not less than one year. The tribunal is not satisfied that there is a sufficient basis for a claim for a payment in lieu of notice. It does however find that under its jurisdiction to deal with breaches of contract, the claimant is entitled to £409.50 in respect of travelling expenses in connection with his contract of employment comprising £137.50 for January 2006, £157 for February 2006 and £115 for March 2006.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 22 July 2008, Belfast.

Date decision recorded in register and issued to parties: