THE INDUSTRIAL TRIBUNALS

CASE REF:	1734/10

CLAIMANT:			Tyrone Walsh

RESPONDENT:		ND Contracts Ltd

DECISION ON A REVIEW

The decision of the tribunal is that the decision issued on 8 November 2010 is reviewed in the interests of justice and that the claimant is awarded £731.45 in respect of unpaid wages and £122.30 in respect of unpaid holiday pay.  

Constitution of Tribunal:
Vice President (sitting alone):		Mr Noel Kelly

Appearances:
The claimant appeared in person and was not represented.
The respondent did not appear and had not entered a response.

1.	The tribunal is satisfied that the claimant genuinely thought that he had been informed by the tribunal that his attendance was not required at the original hearing and therefore the decision at that original hearing to dismiss the claim, in the absence of any evidence, is hereby reviewed and substituted by the present decision.

2.	The claimant was employed by the respondent from 15 February 2010 to 9 March 2010.  The claimant lives in England and was engaged to work in England.  However, it is clear that the respondent is based within Northern Ireland and that the contract of employment was entered into and administered from Northern Ireland.  I am therefore satisfied that the tribunal has jurisdiction in this matter.

3.	The respondent agreed to pay the claimant £90.00 per day gross.  The only payments that were made in respect of the 17 working days (Monday to Friday) worked by the claimant were three single payments totalling £450.00.  

4.	There was no agreement in respect of a set annual leave year and the claimant had been told that he was entitled to four weeks paid annual leave, ie 20 working days.  

5.	The claimant is entitled to bring a claim in respect of unauthorised deductions from earnings under the Employment Rights (Northern Ireland) Order 1996.  Under the Working Time Regulations the statutory minimum annual leave entitlement at the relevant time was 28 days where there was a five day working week.  

6.	The claimant’s gross earnings should have been		£1,530.00

	Income tax due on that amount					£   221.39

	National Insurance due on that amount				£  127.16

	Total net pay due							£1,181.45

						Less				£   450.00 paid

	Net paid unpaid							£  731.45

7.	The claimant’s annual leave entitlement is calculated in the following manner:-

		23/365 x 28 = 1.76 days paid holiday entitlement

		Net daily pay = £69.49

		1.76 x £69.49					£122.30

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

Vice President:

Date and place of hearing:	18 February 2011, Belfast

Date decision recorded in register and issued to parties: