Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 1788/17

CLAIMANT: Sapphire Mussen

RESPONDENTS: 1. Razormind Ltd

2. Jawad Yaqub

DECISION

The Tribunal finds that the respondents unlawfully deducted wages of the claimant amounting to £1,496.00 and orders the first-named respondent to pay this sum to the claimant.

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge Sheils

Appearances:

The claimant appeared and was not represented.

The respondents did not appear and sent no representation.

FACTS

1.             The claimant Mrs Sapphire Mussen commenced employment with the respondent, Mr Jawad Yaqub at Razormind Ltd, on Monday 30 January 2017 as an office administrator. She stated that she had been told she would be paid £11.00 per hour for a 40 hour working week. The claimant stated that she had not been provided with a contract nor any payslips or other documentation to support her claim.

2.             The claimant left this employment on 20 February 2017. She stated that she had received no money whatsoever from the respondent. The claimant directed a Solicitor's letter to be sent to the respondent on 8 March 2017 claiming outstanding wages in the total of £1,320.00 but nothing was forthcoming. On 10 April 2017 the claimant lodged a claim form claiming unlawful deduction of wages in the sum of £1,496.00 being outstanding wages. The respondents did not enter a response to this claim. The Office received an email from the second-named respondent, Mr Yaqub, on 23 May 2017, stating that they had been alerted to the claim by a voicemail message from the Labour Relations Agency. The respondents' email stated that the claim form had been sent to an unoccupied office. Mr Yaqub gave an alternative address and asked for an extension of time within which to enter a response. On 23 May 2017 an Employment Judge granted the respondents' request for an extension of time and they were given until 30 June 2017 to enter a response. No response was ever entered. The claimant presented at hearing, she had brought with her several email exchanges between herself and Mr Yaqub which appeared to suggest there had been a good deal of animosity between the parties. It was clear that the claimant's employment had ended when she said it had. In her sworn testimony the claimant stated at hearing that she had not been provided with payslips or other documentation during her employment. She stated that she had worked every working day between 30 January 2017 and 21 February 2017 and that she had been told she would receive £11.00 per hour for 40 hours per week. She stated that she had not received any money either during her employment or since. The claimant stated that the amount claimed in the Solicitor's letter (£1,320.00) was incorrect and that she was entitled to wages for 17 days at £11.00 per hour which amounted to £1,496.00.

CONCLUSIONS

3.             The Tribunal concluded that the claimant was genuine and correct in her calculations and found that the respondents had unlawfully deducted wages from the claimant in the sum of £1,496.00 and the Tribunal orders the first-named respondent to pay the claimant this sum.

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

Employment Judge:

Date and place of hearing: 24 August 2017, Belfast.

Date decision recorded in register and issued to parties: