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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Malone v Thomas Grieve & Stephen McMurr... [2010] NIIT 2315_10IT (22 December 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/2315_10IT.html Cite as: [2010] NIIT 2315_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2315/10
CLAIMANT: Kevin Malone
RESPONDENTS: Thomas Grieve & Stephen McMurrough
T/A Building Design Management
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to the payment of £4,558.40 for unpaid wages and £812.00 for unpaid holiday pay. The tribunal finds Mr Stephen McMurrough T/A Building Design Management, to be liable.
Constitution of Tribunal:
Chairman: Mr Patrick Kinney
Members: Mr Uel Adair
Ms Caitriona Stewart
Appearances:
The claimant appeared in person and represented himself.
The respondents did not appear and were not represented.
Facts
1. The claimant presented a claim against Stephen McMurrough, T/A Building Design Management. Mr McMurrough subsequently filed a response in which he stated that BDM was the correct employer and that the claim was addressed as Stephen McMurrough personally. Subsequent to this the title to the proceedings was amended to read Thomas Grieve and Stephen McMurrough T/A Building Design Management. There was no separate service of proceedings on Mr Grieve. However, the claimant produced cheques signed by Mr Thomas Grieve and Mr Stephen McMurrough and also provided a copy of correspondence dated 15 July 2010. From these documents and from the oral evidence of the claimant the tribunal has concluded that Mr Grieve and Mr McMurrough were a partnership trading as Building Design Management. The claimant sought to proceed against Mr McMurrough as one of the partners on the basis that there is joint and several liability in the partnership.
2. The claimant commenced work for the respondents on 1 November 2009. He was entitled to 20 days holiday leave plus statutory days and was placed on a salary of £25,000.00 per annum with a net monthly pay of £1,624.66. At the date of the termination of his employment the claimant was entitled to two and a half months outstanding pay. He produced to the tribunal two cheques, one dated 30 April 2010 for £1,624.66 signed by Mr McMurrough and the second cheque dated 7 June 2010 for the same amount signed by Mr Grieve. Both these cheques have been marked ‘Refer to Drawer’. The claimant had a meeting to discuss the amounts due to him with the respondents and with their accountant. Figures were agreed as unpaid wages in the sum of £4,558.40 and outstanding holiday pay of £812.00. Those sums have never been received by the claimant. The tribunal is satisfied that the monies sought are properly due and makes an order against Mr Stephen McMurrough that he pay the unpaid wages and unpaid holiday pay in the total sum of £5,370.40.
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 14 December 2010, Belfast
Date decision recorded in register and issued to parties:
