Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:    785/13

 

 

CLAIMANT:                           Barbara Hamilton

 

 

RESPONDENT:                     Transbound Ltd

 

 

 

DECISION

 

The respondent is liable to pay the claimant amounts in relation to unpaid wages, notice pay, failure to provide itemised payslips and failure to provide written terms and conditions of employment in the sum of £5,760.00 as set out in this decision.

 

 

Constitution of Tribunal:

 

Chairman  (sitting alone):     Miss E McCaffrey

 

 

Appearances:

 

The claimant appeared in person.

 

The respondent did not enter a response and was not represented at the hearing.

 

 

1.       The claimant was employed by the respondent as an HGV lorry driver, from 25 November 2012 until approximately 5 April 2013. It was agreed between the parties that she would be paid £630.00 gross per week.  The claimant never received a contract of employment or itemised payslips, although she repeatedly requested them.  In February 2013, the claimant did not receive payment in full for work done.  Her employers provided her with three cheques totalling a sum of £900.00 which were returned by her bank unpaid.  On 5 March, Damian Fleming of the respondent company contacted her and told her that her job was secure but asked her to “bear with him” for a few days.   He assured her that she would receive the payments due to her.  During the month of March the claimant repeatedly requested the money due to her.  On 13 March on return from holiday the claimant discovered that no money had been paid to her account as promised by Mr Fleming. She sent a grievance letter to her employer, Transbound Ltd, on 26 March 2013, but received no reply.

 

2.       In light of this, the claimant found alternative employment and started a new job on 8 April 2013.  The claimant clarified that her employer was in fact Transbound Ltd and I therefore direct the name of the respondent shall be amended to read “Transbound Ltd”.

 

 

 

3.       I find that the claimant’s claim in relation to arrears of pay is well-founded and order the respondent to pay to the claimant the following amounts:-

 

	(1)	Dishonoured cheques:		£900.00
	(2)	Four weeks pay from 5 March 2013 to 5 April 2013.  4  x  £630.00  =		£2,520.00
	(3)	Holidays accrued but not taken from November 2012 to 5 April 2013 one week:		£630.00
	(4)	One week’s notice pay (subject to the statutory maximum of £450.00):		£450.00
	(5)	Failure to provide written terms and conditions of employment
		In this situation, I consider it would be appropriate to award two weeks’ pay for the failure of the respondent to provide the claimant with written terms and conditions of employment.    £630.00  x  2  =		£1,260.00

 

                              Total Award                                                             £5,760.00

 

4.       In relation to failure to provide itemised pay statements, we have no information as to the amount of deductions which should have been made in relation to this case and therefore are unable to make any order in this regard.

 

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

 

 

 

 

Chairman:

 

 

Date and place of hearing:    12 June 2013, Belfast.

 

 

Date decision recorded in register and issued to parties: