Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Austin v John McAllister Halo Pantry and Grill Limited [2011] NIIT 00347_11IT (09 May 2011)L
URL: http://www.bailii.org/nie/cases/NIIT/2011/00347_11IT.html
Cite as: [2011] NIIT 00347_11IT, [2011] NIIT 347_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 347/11

CLAIMANT: David Austin

RESPONDENTS: 1. John McAllister

2. Halo Pantry and Grill Limited

DECISION

The decision of the tribunal is that the claimant is entitled to the sum of £595.00 in respect of unpaid wages.

Constitution of Tribunal:

Chairman (sitting alone): Mrs Ó Murray

Appearances:

The claimant appeared in person.

The respondents were represented by Mr John McAllister.

Reasons

1. The claimant’s claim was for unpaid wages. On the morning of the hearing the claimant indicated that his claim was for two weeks’ net wages in the sum of £350.00 per week.

2. I considered the claim form, response form and the evidence from both sides and found the following facts and reached the following conclusions.

3. The claimant worked as a chef for the respondents from 25 November 2010 to

10 December 2010 when he resigned without notice half way through his last day at work.

4. It was agreed by the parties that the claimant earned £350.00 net per week. It was agreed that the working week ran from Monday to Monday and that the claimant’s normal days off were a Monday and Tuesday. During the claimant’s last week at work he worked Tuesday, Wednesday, Thursday and half day Friday.

5. Mr McAllister confirmed that he agreed that one week’s earnings in the sum of £350.00 were due to the claimant for the last full week he worked.

6. The dispute therefore centred on the final week at work when the claimant worked for three and a half days. Mr McAllister understood that, as the claimant had resigned without notice, he was entitled to hold back his last week’s pay.

7. In the absence of any clear written contractual term allowing for payment of a sum of money for failure to give notice, the respondents are not entitled to hold back earnings because of the claimant’s failure to give notice. The claimant is therefore entitled to be paid for the days worked in his last week at work.

8. Compensation is therefore awarded as follows:

For week ending 5 December 2010 = £350.00

For week ending 12 December 2010, the claimant worked three and a half out of five days:

7/10 x £350.00 = £245.00

Total compensation awarded for breach of contract in respect of unpaid wages = £595.00.

9. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 3 May 2011, Belfast

Date decision recorded in register and issued to parties: