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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGrath v McShea [2009] NIIT 1424_08IT (06 February 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/1424_08IT.html
Cite as: [2009] NIIT 1424_8IT, [2009] NIIT 1424_08IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1424/08
CLAIMANT: Michelle McGrath
RESPONDENT: Gabriel McShea
DECISION
The respondent shall pay the claimant £1,200 in respect of unpaid wages and £1,020 in respect of unpaid holiday pay, totalling £2,220.
Constitution of Tribunal:
Chairman: Ms Bell
Members: Mrs Walker
Mr Rosbotham
Appearances:
The claimant appeared in person.
The respondent was not present and was not represented.
The claimant complained in her claim that she had not received one month’s salary and 18 days holiday pay.
The respondent has not entered a response to the proceedings.
Issues for the tribunal
The issues for the tribunal are whether the respondent has breached the claimant’s contract of employment and , if so , whether the claimant has suffered a loss as a result of the breach.
Sources of evidence
The tribunal considered the claim, oral evidence from the claimant and documentation handed in by the claimant.
Findings of fact
Following offers of employment made by the respondent to the claimant in July and August 2007 the claimant was engaged by the respondent on 4 September 2007 as Office Manager for his business of selling properties overseas. The claimant was to receive net pay of £1,200 per month and 25 days paid holidays per annum in addition to statutory holidays.
Due to financial difficulties the respondent gave the claimant one month’s notice at the end of June 2008 to terminate her employment.
At the end of July 2008 the claimant was due one month’s wages and 18 days holiday pay ,she sought payment from the respondent but he informed her that he did not have the money to pay her at that time and would do so when he received some money.
The claimant wrote to the respondent on 2 September 2008 seeking outstanding wages and holiday pay but as at the hearing date payment still had not been received.
Legislation
Proceedings may be brought before an Industrial Tribunal in respect of a claim of an employee for the recovery of a sum due arising out of or outstanding on termination of the employee’s employment under the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994.
Application of law to facts found
10. The unanimous finding of the tribunal, based on the claimant’s undisputed oral evidence and documentary evidence produced, is that the claimant worked for the respondent for the month of July following being given one month’s notice but did not receive pay in respect thereof of £1,200 nor 18 days holiday pay due on termination of her employment, being the balance of her pro rata entitlement for her period of employment,in accordance with her contract of employment.The tribunal is satisfied on a balance of probabilities that the respondent has breached the claimant’s contract of employment resulting in loss to her and that claimant is entitled to £1,200 unpaid wages and £1,020 unpaid holiday pay from the respondent.
Interest
11. This decision is a relevant decision under the Industrial Tribunal (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 January 2009, Belfast
Date decision recorded in register and issued to parties: