Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:  00349/09

CLAIMANT:            James Benson

RESPONDENT:      Tony Hill – Synergy Hair

DECISION

The decision of the tribunal is that the claimant’s claims for Failure to Pay Wages, Unauthorized Deductions from Wages, National Minimum Wage and Breach of Contract are dismissed.  The claimant was entitled to receive itemised pay slips and payslips have now been provided.

Constitution of the Tribunal:

Chairman:    Ms F Oliver

Members:    Ms S Doran

Mr R Lowden

Appearances

The claimant was unrepresented and did not attend.

The respondent appeared and represented himself.

Issues

The issue for the tribunal was whether the respondent was in breach of contract in failing to pay further wages to the claimant. 

The claimant had been notified of the date of hearing and did not attend, without explanation.

The Tribunal decided to dispose of the proceedings in the absence of the claimant, pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

Findings

The Tribunal considered the originating claim of the claimant and the respondent’s response.  In the absence of oral or further written evidence from the claimant, the Tribunal finds that the claimant has not discharged the burden of proving his claims for Failure to Pay Wages, Unauthorized Deductions from Wages National Minimum Wage and Breach of Contract on the balance of probability. Accordingly, the claimant’s claims for Failure to Pay Wages, Unauthorized Deductions from Wages National Minimum Wage and Breach of Contract are dismissed.  The respondent accepted that he had not provided the claimant with itemised pay slips during his period of work but he has now provided the payslips.

Chairman:

Date and place of hearing:         22 September 2009, Belfast.

Date decision recorded in register and issued to parties: