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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McKevitt v ROSA Ltd (Regeneration of ... [2009] NIIT 5179_09IT (25 August 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/5179_09IT.html
Cite as: [2009] NIIT 5179_9IT, [2009] NIIT 5179_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 5179/09
CLAIMANT: Sean McKevitt
RESPONDENT: ROSA Limited (Regeneration of South Armagh)
DECISION
The decision of the tribunal is that the claimant is entitled to receive the sum of £1,441.33 being his salary for the month of February 2009 which was worked but not paid and the sum of £166.40 being in respect of expenses for the same period incurred but not paid. The respondent is ordered to pay these sums to the claimant.
Constitution of Tribunal:
Chairman (sitting alone): Ms Crooke
Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear and did not present any response to the tribunal.
Preliminary matters
1. On the hearing of this matter, it became clear to the tribunal that the claimant was actually employed by an organisation called ROSA Limited which is a non-profit making organisation being a company limited by guarantee which operates as a rural support network. The original respondents named in the notice of hearing, Cliodhna Geraghty and Damian McGennity, were members of the board of this organisation and not the proper respondents as it was ROSA Limited that was the employer and not them in their personal capacity.
The claim and the defence
2. The claimant’s claim was for two amounts:-
(a) the sum of £1,441.33 being his salary for the month of February 2009; and
(b) the sum of £166.40 being expenses incurred for the month of February 2009.
3. There was no response to this claim from the respondent.
The relevant law
4. The relevant law is found in Article 45 of the Employment Rights (Northern Ireland) Order 1996.
Sources of evidence
5. The claimant gave evidence on his own behalf and produced photocopies of various documents to which he referred in the course of this evidence.
The facts found
6. The claimant was employed by the respondent as a development worker working with community groups and setting up services such as play parks, crèche and other schemes to support local people in the South Armagh region.
7. The claimant commenced work on 11 June 2007 with the respondent and had taken up a two year contract with it. Being concerned about unavailability of funding, the claimant obtained another job and had served four weeks notice on termination of employment on the respondent. The claimant had seven days of holiday to take but gave up two days of his holiday allowance to help the respondent with an Article 10 audit check.
8. He received cheques in the sum of £1,441.33 in respect of his salary for the month of February 2009 and £166.40 for his expenses for the month of February 2009. Subsequently both of these cheques were returned to him marked ‘refer to drawer’.
9. The claimant explained that the cheques would only have been written after his claims for salary and expenses had been examined and verified.
Conclusions
10. The tribunal declares that the claimant is entitled to a sum of £1,441.33 being in respect of his salary for the month of February 2009 for time worked but not paid and a sum of £166.40 in respect of expenses incurred for the month of February 2009 but not paid. The tribunal found that the fact the respondent had written cheques for these amounts was an acceptance that these sums were due by it to the claimant.
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 13 August 2009, Belfast
Date decision recorded in register and issued to parties: