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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kerr v Seth Russell Energy Save Design and Consult... [2012] NIIT 01665_11IT (28 February 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01665_11IT.html
Cite as: [2012] NIIT 1665_11IT, [2012] NIIT 01665_11IT
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INDUSTRIAL TRIBUNALS
CASE REF: 1665/11
CLAIMANT: Alan Neil Kerr
RESPONDENT: 1. Seth Russell
2. Energy Save Design and Consulting Ltd
DECISION
The unanimous decision of the tribunal is that the claimant’s claim of unlawful deduction of wages is made out and the tribunal orders the second named respondent to pay an award of £2,567.49 to the claimant.
Constitution of Tribunal:
Chairman: Mr I Wimpress
Members: Ms J McNulty
Mr S Kearney
Appearances:
The claimant, Mr Kerr, appeared in person.
The respondents did not appear and were not represented.
1. The claimant brought a claim in respect of unlawful deduction of wages arising from his employment. The amount claimed was £5,667.49. The claim was initially brought against the first respondent alone and was listed for hearing on 12 October 2011. The claimant gave oral evidence before the tribunal and produced documentary evidence in relation to the alleged unlawful deduction of wages. In his evidence to the tribunal the claimant stated that since the proceedings were issued he had received further payments from the first respondent totalling £3,100.00 and this reduced the amount owing to £2,567.49. The tribunal was satisfied that the claim of unlawful deduction of wages was made out but had reservations as to whether the correct respondent was before the tribunal particularly as the wage slips were in the name of the second named respondent. The tribunal therefore invited the claimant to consider joining the second respondent to the proceedings. The claimant decided to do so and the hearing was adjourned so that this could be done.
2. The claim form was submitted by the claimant naming the second respondent and this was duly served by the tribunal office on the second respondent. No response was filed by the second respondent within the prescribed period and the tribunal being satisfied that the proceedings were served on the second respondent and being satisfied that the second respondent was at all material times the claimant’s employer, orders the second named respondent to pay an award of £2,567.49 to the claimant. The first named respondent is dismissed as a party from the proceedings as he was not the claimant’s employer.
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 12 October 2011, Belfast.
Date decision recorded in register and issued to parties: