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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Green v Kemfast PASS Ltd [2014] NIIT 1754_12IT (29 January 2014)
URL: http://www.bailii.org/nie/cases/NIIT/2014/1754_12IT.html
Cite as: [2014] NIIT 1754_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1754/12
CLAIMANT: Wayne Green
RESPONDENTS: Kemfast PASS Ltd
APPLICATION FOR REVIEW
The unanimous decision of the tribunal is that the claimant was not unfairly dismissed. The unanimous decision of the tribunal is that the claimant did not receive a Statement of Main Terms of Employment but as the tribunal did not find in favour of the claimant in respect of the claim for unfair dismissal, the claimant is not entitled to an award.
Constitution of Tribunal:
Chairman: Ms F Oliver
Members: Mr I O’Hea
Mr P Kearns
THE EVIDENCE
1. The respondent has requested a review of the tribunal’s decision to award the sum of £565.36 to the claimant as a result of the respondent’s failure to provide a written statement of employment particulars.
2. The respondent contends that as the claimant was not successful in his claim for unfair dismissal, the claimant is not entitled to any award for the failure to provide the written statement.
3. The claimant has been given an opportunity to comment on the respondent’s application for review but has not done so.
4. The claimant has been informed that the tribunal intends to deal with the application for review on the papers and the claimant has not raised any objection.
5. The respondent has confirmed that it is content for the tribunal to deal with the application for review on the papers.
THE ISSUES
6. Article 27 (2) of the Employment (Northern Ireland) Order 2003 states:-
(a) if the Industrial Tribunal finds in favour of the employee, but makes no award to him in respect of the claim to which the proceedings relate, and
(b) when the proceedings were begun the employer was in breach of his duty to the employee under Art 33(1) or 36(1) of the ERO (duty to give a written statement of initial employment particulars).
the tribunal shall……..make an award of the minimum amount.
7. As the tribunal did not find in favour of the claimant the entitlement to an award of the minimum amount is not relevant.
8. The tribunal is entitled to review its decision under Rule 34 of the IT (Constitution and Rules of Procedure) Regulations (NI) 2005.
9. Under Rule 34 3 (e) a decision may be reviewed where “the interests of justice require such a review”.
THE DECISION
10. The tribunal reviews that part of its decision which made an award in respect of the failure to provide a written statement of employment particulars as the claimant was not entitled to this sum according to the law. It is in the interests of justice to ensure that the decision reflects the correct legal position.
11. The tribunal therefore finds that as the claimant was not unfairly dismissed, the claimant is not entitled to an award in respect of the failure of the respondent to provide a Statement of Main Terms of Employment.
Chairman:
Date decision recorded in register and issued to parties: