2312_10IT Hagan v Gwhizz PR & Entertainment Mana... [2011] NIIT 2312_10IT (12 January 2011)

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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hagan v Gwhizz PR & Entertainment Mana... [2011] NIIT 2312_10IT (12 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/2312_10IT.html
Cite as: [2011] NIIT 2312_10IT

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THE INDUSTRIAL TRIBUNALS

 

CASE REF:   2312/10

 

 

 

CLAIMANT:                      Shane Hagan

 

 

RESPONDENT:                Gwhizz PR & Entertainment Management Ltd

 

 

 

DECISION

The unanimous decision of the tribunal is that the respondent company pay the claimant:-

 

          (i)       the sum of £1,820.00 in respect of breach of contract; and

 

          (ii)      the sum of £161.50 in respect of unpaid holiday pay.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr D Buchanan

 

Appearances:

The claimant appeared in person and was not represented.

The respondent did not appear and was not represented.

 

1.       At the outset of the hearing the title of the proceedings was amended to reflect the fact that the respondent is a limited liability company.

 

2(i)     The claimant was employed as a Web and IT Manager by the respondent company.

 

He worked for it for the short period of five weeks from 1 June 2010 until 5 July 2010.

 

(ii)      His claim is for breach of contract in respect of sums (principally unpaid wages) which were outstanding on the termination of his employment and unpaid holiday pay.

 

         The respondent company has never disputed his entitlement to these sums.  Mr Gary Campion, who effectively controls the company, telephoned the Office of the Tribunals on 4 January 2011, and is recorded in a minute of the telephone call as stating that he did not dispute the claimant’s claims.

 

3(i)    The claimant was to be paid a weekly wage of £300.00 gross (£244.00 net).  He was never paid anything.  The unpaid wages at termination amounted to:-

 

£1,220.00               =                  (5 x £244.00)

 

A further sum of £600.00 in respect of unpaid expenses to which he was contractually entitled also remained outstanding.

 

(ii)      A total sum of £1,820.00 is therefore payable as a result of the respondent company’s breach of contract.

 

(iii)     I am further satisfied that the sum of £161.50 is due to the claimant in respect of unpaid holiday pay.

 

(iv)     I therefore order that the respondent company pay to the claimant each of the above amounts of £1,820.00 (breach of contract) and £161.50 (holiday pay),

 

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

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         5 January 2011, Belfast

 

 

Date decision recorded in register and issued to parties:

 


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URL: http://www.bailii.org/nie/cases/NIIT/2011/2312_10IT.html