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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McMenamin v Mervern Coulson Trust Products [2011] NIIT 00027_11IT (20 April 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00027_11IT.html
Cite as: [2011] NIIT 27_11IT, [2011] NIIT 00027_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 27/11
CLAIMANT: Christopher McMenamin
RESPONDENT: Mervern Coulson Trust Products
DECISION
The decision of the tribunal is that the claimant is entitled to the sum of £1,250.00 in respect of unpaid wages.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Ó Murray
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear and was not represented.
REASONS
1.
The claimant did not appear at
the hearing having now moved to England to work. However, the claimant submitted written
representations together with accompanying documentation.
2.
There was no response form from
the respondent to the proceedings.
3.
I considered the claim form, the
written representations and the accompanying documentation and reached the
following decision.
4.
The claimant was employed from 28
July 2010 to 24 October 2010 when he was paid off due to downturn in work. The
claimant was told that he would be paid in full up to 31 October 2010.
5.
Despite repeated requests, no
payment was forthcoming. At one stage the respondent raised unspecified
queries in relation to mileage claims.
6.
I am satisfied that the sum of
£1,250.00 is due and owing in respect of unpaid wages. If there was an issue
with aspects of the claimant’s mileage claims, it was for the respondent to
particularise that claim and to defend these proceedings on that basis.
7.
As there has been no defence to
the proceedings and no particulars have been given of any contractual right to
set off any over payment in mileage claims, I am satisfied that the claimant is
entitled to the full sum claimed.
8. This a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 19 April 2011, Belfast.
Date decision recorded in register and issued to parties: