THE INDUSTRIAL TRIBUNALS

CASE REF: 128/10

CLAIMANT: 		Martin Joseph Slevin

RESPONDENT: 	 	Darren Shields, Airacoil

DECISION 

The decision of the tribunal is that the claimant is entitled to unpaid wages of £1,137.80 and holiday pay of £398.23 making a total of £1,536.03. 

Constitution of the Tribunal:

Chairman: 		Ms F Oliver
(sitting alone)

Appearances:

The claimant appeared and represented himself.

The respondent did not appear and was not represented 

The Hearing

1.	The case is listed for hearing today, 10 March 2010.  On 5 March 2010 Messrs Donnelly Neary and Donnelly solicitors, acting for the respondent, sent a letter by fax to the Office of Industrial Tribunals requesting an adjournment on the basis that they believed it would be their client’s intention to file a response and that they intended to do so as soon as possible.  Messrs Donnelly Neary and Donnelly were informed that, in view of the proximity of the hearing, they could make their application at the outset of the hearing.

2.	On 9 March 2010, the solicitors sent a further letter by fax, this time informing the tribunal that the matter was now the subject of a criminal investigation. In the letter, they stated:
	
“In the circumstances, we consider that it would be improper to proceed with a civil hearing until such time as a police investigation and any court proceedings arising therefrom have been dealt with.”

3.	The solicitors were again advised to make any application on the morning of the 	hearing.

4.	Neither the respondent nor his representative attended this morning.  A telephone call to the solicitor’s office to the person dealing with the case merely elicited the response that no one from the solicitor’s office intended to be present at the hearing. 

5.	The claimant advised the tribunal that he was seeking unpaid wages and unpaid holiday pay and nothing else. The tribunal advised the claimant that it will look solely at the question of unpaid wages and unpaid holiday pay.  It will not hear and does not want to hear evidence regarding the reason for the dismissal. Evidence in relation to the reason for the dismissal is not necessary in order to dispose of the claims before the tribunal.

6.	On the basis that the evidence will be confined to unpaid wages and unpaid holiday pay, the tribunal does not consider that there is any prejudice to any criminal proceedings and is willing to proceed with the hearing. 

7.	The tribunal decided to dispose of the proceedings in the absence of the respondent, pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

Sources of Evidence

8.	The tribunal heard evidence from the claimant and the claimant handed in a payslip for May 2009. 

The Claim 

9.	The claimant claimed for unpaid wages and holiday pay.
 
Findings of Fact

10.	The claimant commenced employment as an employee of the respondent on 
        12 March 2009 and he was dismissed on 29 September 2009.  

11.	The claimant was employed as a factory operative.

12.		The claimant worked for the month of September but he was not paid for this 	work.

13.	The claimant was entitled to 24 day’s holiday pay in any year.  At the time of his dismissal he was entitled to 13 day’s holidays on a pro rata basis.  At the time of dismissal he had taken 6 day’s holidays.

The Law

14.	Article 45 of the Employment Rights (Northern Ireland) Order 1996 gives an employee the right not to suffer unauthorised deductions from wages.

The claimant is entitled to holiday pay as part of his contract.  Failure to pay holiday pay is a breach of contract.

Decision 

15.		The claimant is entitled to one month’s net pay of £1137.80 in respect of unpaid 	wages.

16.		The claimant is entitled to 7 day’s holiday pay at the rate of £56.89 net per day 	being £398.23.  

Award

Unpaid wages					£1,137.80

Holiday pay`						£    398.23

Total							 £1,536.03

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

Chairman:

Date and place of hearing: 10 March 2010, Belfast	

Date decision recorded in register and issued to parties: