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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Topping v James Neagle~ T/A DOCSOL Media... [2010] NIIT 02858_10IT (02 March 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/02858_10IT.html Cite as: [2010] NIIT 02858_10IT, [2010] NIIT 2858_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2858/10
CLAIMANT: Philip Topping
RESPONDENT: James Neagle, T/A DOCSOL Media Centre/Good News Centre
DECISION
The Industrial Tribunal awards the claimant £492.81, being £197.13 for unpaid wages; £197.13 for unpaid notice pay and £98.55 for untaken holidays.
Constitution of Tribunal:
Chairman (sitting alone): Mr Brian Greene
Appearances:
The claimant appeared in person.
The respondent was neither in attendance nor presented.
Sources of Evidence
1.
The tribunal heard
from the claimant. It also had regard to the claimant’s claim form. The
respondent did not enter a response.
The Claim and the Defence
2.
The claimant
claimed unfair dismissal, a redundancy payment, unauthorised deduction from
wages, holiday pay and notice pay.
3.
The tribunal was
satisfied that the respondent had been notified of today’s hearing.
4. In the course of the hearing the claimant withdrew his claims for unfair dismissal and a redundancy payment.
5. The respondent’s title is
amended to that shown above.
The Issues
(1)
Whether the
claimant suffered an unauthorised deduction from wages.
(2)
Whether the
claimant is entitled to be paid for untaken holidays.
(3)
Whether the
claimant is entitled to notice pay.
Findings of Fact
5. (1) The respondent
employed the claimant from 30 August 2010 until 9 October 2010 as a computer
operator/printer.
(2) The
claimant earned per week £232 gross and £197.13 net.
(3)
On 9 October 2010
the respondent dismissed the claimant without notice. The respondent informed
the claimant that he would send out to him any monies to which he was entitled.
(4)
The following week
the claimant received two cheques for £197.13 which related to his last week of
employment and to his first week of employment as he was required to working a
lying week.
(5)
The cheque dated 8
October 2010 for £197.13 was referred to the drawer by the bank and the
claimant has not been paid that amount.
(6)
The claimant did
not take any holiday leave during his period of employment. He is entitled to
2½ days leave.
(7) The claimant did not receive any notice pay from his employer.
The Law
(1)
An employer shall
not make a deduction from the wages of an employee unless authorised to do so
by agreement of the employee or by operation of law (Article 45 the Employment
Rights (Northern Ireland) Order 1996).
(2)
Failure to pay an
amount of wages properly due to an employee amounts to an unlawful deduction of
wages (Article 45(3) the Employment Rights (Northern Ireland) Order 1996).
(3)
Wages for the
purposes of an unlawful deduction from wages claim includes holiday pay
(Article 59(1) the Employment Rights (Northern Ireland) Order 1996).
(4)
An employee is
entitled to one week’s notice if he has been working for not less than two
years (Article 118 The Employment Rights (Northern Ireland) Order 1996).
(5)
An employee is
entitled to be paid any sum due to him on the termination of his employment
(Article 3 the Industrial Tribunals Extension of Jurisdiction Order (Northern
Ireland) 1994).
Application of the Law and Findings of Facts to the Issues
6. (1) The claimant is entitled to be paid for his lying week which amounts to £197.13.
(2)
The claimant is
entitled to one week’s notice which he did not receive and is therefore
entitled to be compensated for that and that amount is £197.13.
(3)
The claimant is
entitled to payment for 2½ days of holidays to which he was entitled and which
he had not received payment for and this amounts to £98.55.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 22 February 2011, Belfast.
Date decision recorded in register and issued to parties: