26 Spence v Install International Limited (Breach of Contract) [2004] NIIT 1467_03 (6 April 2004)

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Industrial Tribunals Northern Ireland Decisions
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URL: http://www.bailii.org/nie/cases/NIIT/2004/26.html
Cite as: [2004] NIIT 1467_3, [2004] NIIT 1467_03

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 1467/03

    APPLICANT: James Robert Spence

    RESPONDENT: Install International Limited

    DECISION

    The unanimous decision of the tribunal is that the applicant's claim for damages for breach of Contract is upheld and a sum of £4,581.36 arrears of wages should be paid to the applicant by the respondent. The respondent is Install International Limited and not Peter Challis whose name is removed from the title to this application.

    Appearances:

    The applicant appeared in person.

    The respondent did not appear and was not represented.

    Decision of the Tribunal given in summary form

  1. The proper respondent is Install International Limited and the name of Peter Challis is removed as a respondent.

  2. Due to the downturn in the respondent's business and difficulty with cash-flow the respondent company was unable to pay the applicant his wages as they fell due.

  3. This difficult situation was brought to a conclusion on 23 May 2003 when the applicant was dismissed. This was because the respondent's business had failed.

  4. The Tribunal award the applicant the various sums as set out in the Schedule to this Decision being the net sums of wages due at various times together with a lying week's wages and wages for one week's notice and two weeks holiday pay. These sums are set out in the Schedule together with details of the sum in cash which was paid to the applicant, leaving the net sum due as the amount due to the applicant.

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

    6. Chairman:

    Date and place of hearing:

    Date decision recorded in register and issued to parties:

    SCHEDULE

    Net sum due as at 28 March 2003

    As per payslips (less cash paid) £ 312.00

    Net wages for 8 weeks 28 March 2003 to 25 May 2002

    Average gross wage £460.00 x 8 = £3,680.00

    Average net wages £355.78 x 8 = £2,846.24

    Lying week net £ 355.78

    1 week in lieu of notice £ 355.78

    2 weeks o/s holiday pay £ 711.56

    TOTAL £4,581.36

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URL: http://www.bailii.org/nie/cases/NIIT/2004/26.html