THE INDUSTRIAL TRIBUNALS

CASE REF:	2450/10

CLAIMANT:			Noel Patrick Dougan

RESPONDENTS:		1.	J & G Engineering (NI) Limited – In Liquidation
				2.	Department for Employment & Learning 

DECISION
The unanimous decision of the tribunal is that the claimant was an employee of the        first-named respondent and not an independent contractor and is owed £2,063.50 for unpaid wages and £1,596.00 for unpaid holiday pay.

Constitution of Tribunal:
Chairman:		Mr Patrick Kinney
Members:		Mr Uel Adair
			Ms Caitriona Stewart 

Appearances:
The claimant appeared in person and represented himself.
The first-named respondent did not appear and was not represented.
The second-named respondent was represented by Mr Cruikshank.

Findings

1.	The claimant withdrew his claim against the first-named respondent and this claim was dismissed.  For reasons given orally at the hearing, the tribunal determined that the claimant was an employee of the first-named respondent and was entitled to unpaid wages of £2,063.50 and holiday pay of £1,596.00 and the tribunal makes a declaration against the second-named respondent accordingly.

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

Chairman:

Date and place of hearing:	14 December 2010, Belfast

Date decision recorded in register and issued to parties: