Kerr v Weir & Anor [2004] NIIT 9084_03 (19 October 2004)


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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kerr v Weir & Anor [2004] NIIT 9084_03 (19 October 2004)
URL: http://www.bailii.org/nie/cases/NIIT/2004/9084_03.html
Cite as: [2004] NIIT 9084_3, [2004] NIIT 9084_03

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 9084/03

    APPLICANT: Nicola Kerr

    RESPONDENTS: 1. Roberta Weir

    2. R G Homecare Products

    DECISION

    The unanimous decision of the tribunal is that the first named respondent do pay to the applicant the sum of £500.00 outstanding pay and commission.

    Appearances:

    The applicant appeared in person.

    The respondents did not appear and were not represented.

    Extended Reasons

  1. The respondents did not appear and had not lodged any Notice of Appearance in the matter.

  2. The applicant's evidence was that she had applied for a job selling vacuum cleaners. Upon being successful in that application she was offered a choice of being employed or self employed. She opted for employment. After being trained she was instructed to spend a weekend practising her salesmanship on family and friends. The arrangement was that if she completed eight calls she would receive £100.00 and, in addition, she would receive £200.00 commission for any machines sold. She completed the eight calls and sold two machines. The continuing arrangement was that salespersons would receive £300.00 per week for a fifteen call commitment with commission on all calls. The applicant terminated her employment soon afterwards and was given a personal cheque by the first named respondent drawn on the first named respondent's Halifax account in the sum of £500.00.

    3. This cheque was subsequently returned as having been stopped. The applicant made various unsuccessful efforts to obtain payment.

  3. The tribunal accepted the applicant's evidence and found that the sum of £500.00 was due on foot of carrying out commission and was payable by the first named respondent.

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

    5. Chairman:

    Date and place of hearing: 19 October 2004, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9084_03.html