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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Buchanan v Decora Blind Systems Ltd [2009] NIIT 1467_08IT (31 March 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/1467_08IT.html
Cite as: [2009] NIIT 1467_08IT, [2009] NIIT 1467_8IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1467/08
CLAIMANT: Jason Buchanan
RESPONDENT: Decora Blind Systems Ltd
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 M McGurnaghan, its Human Resources Manager.
The claimant did not attend the hearing. No communication was received from him. I decided that it was appropriate to decide the matter in the claimant’s absence. In doing so, I had regard to the contents of his claim form. I also heard evidence from Mr Mark McGurnaghan, the respondent’s Human Resources Manager, and considered documentary evidence adduced by the respondent company, in particular the claimant’s contract of employment.
The claimant, a salesman with the respondent company, alleged that on the termination of his employment on 16 July 2008, unauthorised deductions had been made from his wages. These deductions were made in respect of cash shortages amounting to £1,617.85. It appears that on termination of his employment, the sum £883.89 of what was allegedly owing was deducted.
I am satisfied from the evidence of Mr McGurnaghan and from 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 making of the deductions.
I therefore dismiss the claim.
Chairman:
Date and place of hearing: 23 March 2009, Belfast
Date decision recorded in register and issued to parties: