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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Downey v Queen's Quay Social t/a Quay S... [2014] NIIT 1172_14IT (12 September 2014)
URL: http://www.bailii.org/nie/cases/NIIT/2014/1172_14IT.html
Cite as: [2014] NIIT 1172_14IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1172/14
CLAIMANT: Eamonn Downey
RESPONDENT: Queen’s Quay Social t/a Quay Social Limited
DECISION
The decision of the tribunal is set out at Paragraph 4. below.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge D Buchanan
Appearances:
The claimant, Mr Downey, appeared in person and was not represented.
The respondent company did not enter an appearance.
1. At the outset of the hearing I dismissed the second-named respondent, Darren Iddon, from the proceedings. He was a director of the above-named respondent company, which was the claimant’s employer. He was therefore not properly a party to these proceedings.
2. The claimant was employed as a chef by the respondent company from 1 August 2013 until 2 June 2014.
He turned up for work at the beginning of June to find the restaurant closed. The owner had disappeared, leaving him unpaid and owing him various sums.
3. I am satisfied from the uncontradicted evidence of the claimant, who I found to be an honest witness, that the following sums are due to him:-
(i) unpaid holiday pay of £1,477;
(ii) unpaid notice pay of £1,250;
(iii) unlawful deductions from his wages (non-payment of his wages for May 2014) of £1250; and
(iv) cumulative unpaid overtime payments of £12,683.
In respect of the unpaid overtime I am satisfied that the claimant was working 90 hours per week, that he continued to work after initial non-payment of overtime because he needed the work and he accepted, perhaps naively, as made in good faith, ongoing promises that payment owing would be made in due course.
4. I order that the respondent company do pay to the claimant the aggregate of the sums made up at Paragraph 3. above, that is to say £16,660.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge
Date and place of hearing: 9 September 2014, Belfast
Date decision recorded in register and issued to parties: