Mara v Mullin [2002] NIIT 545_02 (26 September 2002)


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Industrial Tribunals Northern Ireland Decisions
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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 545/02

    APPLICANT: Claire Mara

    RESPONDENT: Patrick Mullin

    DECISION

    The determination of the Industrial Tribunal is that the Respondent unlawfully deducted the Applicant's wages in the amounts set out in paragraph 3 below. The Tribunal orders the Respondent to repay to the Applicant these unpaid wages and additional expenses as set out in paragraph 4 below.

    Appearances:

    The applicant was represented by Mr D McFerrin.

    The respondent appeared in person.

    Pursuant to Rule 10(4) of Schedule 1 of the Industrial Tribunals (Constitution & Rules of Procedure) Regulations (NI) 1996 ["the 1996 Rules"], this Decision is given in summary form.

  1. On the application of the Respondent, and with the consent of the Applicant, pursuant to Rule 15 (1) of the 1996 Rules the Chairman extended time for the Respondent to enter an appearance to 26 September 2002.

  2. The unanimous decision of the Tribunal is as follows;

    3. (a) Pursuant to Article 72(1)(a) of the Employment Rights (NI) Order 1996 ["the 1996 Order"] the Tribunal declares the Applicant's claim is well founded in that, contrary to Article 45 of the 1996 Order, the Respondent unlawfully deducted the Applicant's wages for December 2001 in the amount of £961.26. Moreover, the Respondent further unlawfully deducted the Applicant's wages for the period 1–21 January 2002 in the amount of £725.75. The Respondent did not dispute these unlawful deductions, but sought to explain to the Tribunal in submissions that these unlawful deductions were as a result of great financial strain for the Applicant's employer.
    (b) The Tribunal also determines and declares that the Applicant incurred an expense of £5.00 when she was required to pay a bank charge for the return to her of her pay cheque for the period to 31 December 2001.
    (c) Pursuant to Article 72(4) of the 1996 Order, the Tribunal determines that the Applicant has taken every step to mitigate her loss.
  3. Pursuant to Article 72(2) of the 1996 Order, the Tribunal declares that it is just and equitable that the Applicant should be compensated in the following amounts;

    4. £961.26 - being the complainant's salary for the period to end December 2001.
    £725.75 - being the complainant's salary for the period 1–21 January 2002.
    £ 5.00 - expenses incurred by the complainant, pursuant to Article 72(3) (a) of the 1996 Order.
  4. Pursuant to Article 72(2) of the 1996 Order, the Respondent is thus ordered to repay to the Applicant the sum of £1692.01, being the total of the sums listed at paragraph above.

  5. The Applicant's claim for costs, pursuant to Schedule 1, Rule 12 of the 1996 Rules is refused.

  6. No further or other Order is made.

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

    ____________________________________

    Date and place of hearing: 26 September 2002, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/545_02.html