Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:   646/13

CLAIMANT:                      Desmond Martin Dunbar

RESPONDENT:                Annesborough Engineering Ltd

DECISION

The decision of the tribunal is set out at Paragraph 3. below.

Constitution of Tribunal:

Chairman (sitting alone):           Mr D Buchanan

Appearances:

The claimant appeared in person and was not represented.

There was no appearance by the respondent company, nor was it represented.

1        I amended the title of the respondent to reflect the fact that it is a limited liability company.

2(i)     The claimant was employed as a site fitter/general operative by the respondent, which makes steel products.

 (ii)     He was employed by them from 17 October 2011 until 6 February 2013, when he left because of ongoing problems with payment of his wages, overtime and holiday pay.

 (iii)     It was not disputed that the amounts were due.  Frequent promises to pay went unfulfilled, and the effective owner of the business now goes out of his way to avoid speaking to the claimant.

3(i)     I find, on the uncontradicted evidence of the claimant, that he is owed the following amounts:-

                    (a)      £2,850.00 in respect of unpaid wages;

                    (b)      £  420.00 in respect of unpaid overtime; and

                    (c)      £  540.00 in respect of unpaid holiday pay

 (ii)     I order the respondent company to pay to the claimant the total sum of £3,810.00, which arose out of its breach of his contract of employment and was outstanding on the termination of his employment.

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

Chairman:

Date and place of hearing:         20 May 2013, Belfast

Date decision recorded in register and issued to parties: