1693_07IT Irwin v Chris Carlin T/A Tyrone Home P... [2008] NIIT 1693_07IT (12 June 2008)

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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Irwin v Chris Carlin T/A Tyrone Home P... [2008] NIIT 1693_07IT (12 June 2008)
URL: http://www.bailii.org/nie/cases/NIIT/2008/1693_07IT.html
Cite as: [2008] NIIT 1693_07IT, [2008] NIIT 1693_7IT

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    THE INDUSTRIAL TRIBUNALS
    CASE REF: 1693/07
    CLAIMANT: Alan Irwin
    RESPONDENT: Chris Carlin T/A Tyrone Home Page
    DECISION
    It is the decision of the Industrial Tribunal that the claimant is entitled to receive the sum of £1,100 in respect of unpaid wages. The respondent is ordered to pay this sum to the claimant.
    Constitution of Tribunal:
    Chairman: Ms Crooke
    Appearances:
    The claimant appeared in person and represented himself.
    The respondent did not appear and his response was rejected as it was received outside the time limit set out in Rule 4(1) of Schedule 1 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 and the request for an extension of the time was also received outside the time limit set out in Rule 4(5) of Schedule 1 of the same Rules.
    An application for review of this decision was listed for hearing twice without appearance from either party. The time limit by the order of 16 April 2008 having expired, the tribunal is issuing its decision.
    SOURCE OF EVIDENCE
  1. The tribunal heard oral evidence from the claimant.

    2. RELEVANT LAW
  2. The relevant law is Article 45(1) of the Employment Rights (Northern Ireland) Order 1996 which states as follows:-

    3. "An employer shall not make a deduction from wages of a worker employed by him unless –
    (a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker's contract, or
    (b) the worker has previously signified in writing his agreement or consent to the making of the deduction."
    THE FACTS
  3. The claimant was employed by the respondent to sell advertising.

  4. The duration of his employment with the respondent lasted from 25 June 2007 to 10 August 2007 – a period of seven weeks. He was to receive the sum of £300 gross per week, and his nett weekly wage was £220. The claimant did not pursue a claim for car expenses.

  5. The claimant's claim was for five weeks net pay as he indicated he did not expect to be paid for one week's holiday that he took at the start of his employment or for his five days of sick leave.

  6. Accordingly the tribunal declares that the claimant is entitled to receive the sum of five weeks net pay – 5 x £220 = £1,100.

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

    8. Chairman:
    Date and place of hearing: 28 November 2007, Belfast.
    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2008/1693_07IT.html