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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Neely v Clinton [2006] NIIT 345_05 (17 January 2006) URL: http://www.bailii.org/nie/cases/NIIT/2006/345_05.html Cite as: [2006] NIIT 345_05, [2006] NIIT 345_5 |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 345/05
CLAIMANT: Fiona Neely
RESPONDENT: Bill Clinton
t/a Oriel Training Services
DECISION
The unanimous decision of the tribunal is that the claimant's claims for failure to provide itemised pay statements and deduction from wages are dismissed.
Constitution of Tribunal:
Chairman: Ms Crooke
Members: Ms S Doran
Mr P McKenna
Appearances:
The claimant appeared in person and represented herself.
The respondent appeared in person and represented himself.
REASONS
The Tribunal heard evidence from the claimant on her own behalf and from the
respondent on his own behalf. The Tribunal also received the bundle of agreed
documents.
The claimant claimed that she had not received her final pay slip or P45 and in
respect of her last week's wages had not received payment at the rate that she
alleged was applicable from 1 December 2004. The respondent denied both these
claims.
(i) Did the respondent fail to provide an itemised pay statement?
(ii) Was the claimant entitled to receive payment at a higher rate for the last
week of her employment with the respondent?
The Tribunal prefers the evidence given by the respondent on these points as it is
supported by the documentation provided in the case.
The claimant contended that she had not received an itemised pay statement in
respect of her final salary at 27 December 2004. The respondent produced an
extract from his postbook showing that the itemised pay statement and P45 had
been posted to the claimant in or around 3 February 2005.
The claimant contended that she was entitled to a salary increase from £12,200 to
£13,400 per annum, to take effect from 1 December 2004. The respondent
contended that, while this might have been discussed, it was not discussed with the
claimant and was never formally actioned. As the claimant's evidence to support
this contention was hearsay evidence only of what her Centre Manager allegedly
told her, in the absence of any further objective evidence to support this contention,
the Tribunal is unable to find that she was entitled to payment at the higher rate for
the last week of her employment with the respondent.
The applicable principles of law are that, under the Employment Rights (NI) Order
1996, Articles 40 and 45 – "A worker is entitled to receive an itemised pay
statement and has the right not to suffer unauthorised deductions".
Having applied the relevant principle of law to the facts found for all the reasons set
out above, the Tribunal is unable to accept the contention of the claimant and
dismisses her claim. The Tribunal was unable to find any cogent evidence to
support her contentions.
Chairman:
Date and place of hearing: 23 November 2005 and 16-17 January 2006 in Belfast.
Date decision recorded in register and issued to parties:
