Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 378/08

CLAIMANT: Robert Wright

RESPONDENT: David Wright

DECISION

The unanimous decision of the tribunal is that the claimant's claims in respect of unauthorised deductions from his wages and the right to paid annual leave under the provisions of the Working Time Regulations (Northern Ireland) 1998 be dismissed.

Constitution of Tribunal:

Chairman: Mr D Buchanan

Members: Mr A Cecil

Mr J Nicholl

Appearances:

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

The respondent was represented by Mr R Brownlee, Barrister-at-Law, instructed by John J McNally & Company, Solicitors.

1.	(i)	The claimant did not attend the hearing. No communication was received from him. The start of the hearing was put back for 15 minutes in case he had been delayed.
	(ii)	Notice of Hearing was sent to the claimant on 18 June 2008. The tribunal was satisfied that it should dispose of the case in the absence of the claimant. Before doing so, it considered the claim form submitted by him and heard evidence from Mr David Wright, the respondent.

1. We are satisfied from the evidence of Mr David Wright that the claimant has been paid all monies to which he is entitled. We are further satisfied that he has also been permitted to take the leave to which he was entitled. In fact, it seems that by the end of his employment with the respondent he had taken more leave than he was entitled to.
2. We therefore dismiss the claimant's claim.

Chairman:

Date and place of hearing: 15 August 2008, Belfast

Date decision recorded in register and issued to parties: