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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Thompson v Gekkoshot Limited [2010] NIIT 282_10IT (11 May 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/282_10IT.html
Cite as: [2010] NIIT 282_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 282/10
CLAIMANT: Gavin Thompson
RESPONDENT: Gekkoshot Limited
DECISION
The unanimous decision of the tribunal is that the respondent has in breach of the claimant’s contract of employment failed to pay the claimant £370.00 in respect of wages and fuel payments due on termination of his employment and orders the respondent to pay the claimant £370.00.
Constitution of Tribunal:
Chairman (Sitting Alone): Ms Bell
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The claimant in his claim complained that he had not received wages due to him from the respondent and fuel payment amounting to £370.00 in November 2009, in breach of his contract of employment and/or that he had suffered an unlawful deduction from his wages.
2.
No response was presented by the
respondent.
3.
Based on the claimant’s
confirmation that the respondent is a limited company and that he was employed
by the limited company, the title of the proceedings are amended from “Gavin
Thompson-v-Gekkoshot” to “Gavin Thompson-v-Gekkoshot Limited”.
Issues
4.
The issue for the tribunal was
whether the respondent has in breach of the claimant’s contract of employment
failed to pay wages due and/or whether the claimant has suffered an unlawful
deduction from his wages in respect thereof?
Evidence
5.
The tribunal considered the
claim, documentation received from the claimant and heard the claimant’s
oral evidence.
Facts
6. The claimant commenced employment with the respondent as a Sales Executive in October 2009.
7. It was agreed between the claimant and respondent that the claimant would receive a basic wage of £400.00 per month plus commission, and that a fuel account would be opened for the claimant. The respondent subsequently confirmed to the claimant that instead of the fuel account he would be paid £10.00 per week in respect of fuel. The respondent arranged to reimburse the claimant for fuel costs that he had incurred in October 2009, in his November pay.
8. The claimant on commencement of his employment signed and returned a contract of employment to the respondent, but despite numerous requests from the claimant to the respondent he has not been provided with a copy.
9.
In November 2009 the claimant and
respondent agreed to part company and the claimant’s employment terminated on
27 November 2009. On termination the claimant was due payments in respect of
three weeks’ wages and three weeks’ fuel for November 2009, and four weeks’
fuel for October 2009, amounting to £370.00 in total.
10.
Despite ongoing verbal and
written requests by the claimant to the respondent for payment since
termination of his employment and assurances received from the respondent that
the matter would be dealt with, no payment has been made to the claimant.
The Law
11. Under the Industrial Tribunal Extension of Jurisdiction Order (Northern Ireland) 1994 an employee may bring a claim for damages for breach of his contract of employment or for a sum due under that contract or any other contact connected with his employment before an Industrial Tribunal if the claim arises or is outstanding on termination of his employment.
12. A worker’s right not to suffer unauthorised deductions from wages by their employer is set out under Article 45 of the Employment Rights (Northern Ireland) Order 1996. A deduction occurs when the employer pays less than the amount due on any given occasion and includes a failure to make any payment. The meaning of “wages” is set out at Article 59 and excludes any payments in respect of expenses incurred by the worker in carrying out his employment.
Application of Law to Facts Found
13. The tribunal is satisfied on the basis of the claimant’s undisputed evidence that the claimant worked for the respondent in November 2009 but did not receive pay and fuel payments due to him for that month, nor the fuel payment relating to expense incurred by him in carrying out his employment in October 2009, in breach of the claimant’s contract of employment with the respondent. The tribunal is satisfied that the claimant has suffered an unauthorised deduction in respect of his wages due for November 2009 and is furthermore satisfied that the claimant suffered a loss in respect of wages and fuel payments as a result of the respondent’s breach of the claimant’s contract of employment and orders the respondent to pay the claimant £370.00 in respect thereof.
14. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 8 April 2010, Belfast
Date decision recorded in register and issued to parties: