Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 742/08

CLAIMANT: Peter Devlin

RESPONDENT: Gabriel Sloan T/A Sloan Inns

CERTIFICATE OF CORRECTION
1. The decision issued on 15 August 2008 should have included after paragraph 6:-

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) (Northern Ireland) Order 1990.

Chairman: ______________________________

Date: ______________________________

THE INDUSTRIAL TRIBUNALS

CASE REF: 742/08

CLAIMANT: Peter Devlin

RESPONDENT: Gabriel Sloan T/A Sloan Inns

DECISION

The respondent breached the claimant's contract of employment and is ordered to pay to the claimant £400 for not giving the requisite notice and £38.34 for loss sustained by unilaterally reducing his contractual hours.

Constitution of Tribunal:

Chairman (Sitting Alone): Mr B Greene

Appearances:

The claimant was neither in attendance nor represented

The respondent was neither in attendance nor represented.

SOURCES OF EVIDENCE

2. The tribunal was satisfied that both parties had been notified of the hearing on today. Accordingly the tribunal considered the claim in the absence of the parties:

The tribunal did not hear any oral evidence but had regard to the originating claim.

THE CLAIM AND DEFENCE

3. The claimant claims a breach of contract by virtue of not having received any notice pay and having had his wages deducted following a unilateral reduction of his hours of work. The respondent's response in this matter was late and was rejected. No attempt was made to review that rejection.

THE ISSUES

3. (1) Did the claimant suffer a breach of contract by not being paid any notice pay?

(2) Did the claimant suffer a breach of contract by reason of his wages having been reduced for one week?

FINDINGS OF FACT

4. (1) The claimant was born on 21 September 1966 and is a chef by occupation.

(2) The respondent employed the claimant as a chef from 25 May 2007 until 12 November 2007.

(3) The claimant worked 40 hours per week. He was paid £15 per hour before tax. His monthly take home pay was £2,000.

(4) The claimant was hospitalised for three days in October 2007. He returned to work within a few days of his release from hospital. Upon the claimant's return to work the respondent told him that he had been demoted from head chef to chef and that his hours of work had been reduced from 40 to 35.

The claimant asked for these hours back but was told he was creating an atmosphere and was summarily dismissed on 12 November 2007.

(5) The claimant claims £400 because he did not receive his one week's notice and a reduction in his weekly wages of £38.34 by reason of the weekly hours having been reduced from 40 to 35 unilaterally.

THE LAW

5. (1) An employee is entitled to one week's statutory notice if he is employed more than one month and less than two years (Employment Rights (Northern Ireland) Order 1996 Article 118).

(2) An employee may bring a claim for breach of contract for a sum outstanding on the termination of his contract (Industrial Tribunals Extension Of Jurisdiction Order (Northern Ireland) Order 1994 Article 3).

APPLICATION OF THE LAW AND FINDINGS OF FACT TO THE ISSUES

6. (1) The claimant's claim of summary dismissal on 12 November 2007 is unchallenged. He is entitled to one week's notice by operation of law. He failed to get that one week's notice and is entitled to one week's pay as compensation for the breach of contract by reason of the respondent's failure to give him the appropriate notice.

(2) Similarly the normal contractual hours were unilaterally reduced from 40 to 35 by his employer for one week prior to 12 November 2007. As a consequence the claimant lost £38.34. This also amounts to a breach of contract. The claimant is entitled to be recompensed in the amount of £38.34.

(3) Accordingly the respondent has breached the claimant's contract of employment. By way of damages to the claimant for the breach of contract the respondent is ordered to pay £400 for failure to give the claimant his one week's notice and £38.34 for a unilateral deduction in his contractual hours.

Chairman:

Date and place of hearing: 6 August 2008, Belfast.

Date decision recorded in register and issued to parties: