Fagan v C & J Steele Scaffolding [2010] NIIT 07040_09IT (03 February 2010)

Fagan v C & J Steele Scaffolding [2010] NIIT 07040_09IT (03 February 2010)

There was insufficient evidence to satisfy the tribunal that the employee was entitled to be paid the amounts claimed for holiday pay and arrears of pay.

Citation
[2010] NIIT 07040_09IT
Parties
Claimant: Niall Fagan; First Named Respondent: C & J Steele Scaffolding; Second Named Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
03 February 2010
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims dismissed
Legal Topics
Holiday Pay, Arrears of Pay, Redundancy, Statutory Guarantee, Bankruptcy
Employment Law Holiday Pay Arrears of Pay Redundancy Statutory Guarantee Bankruptcy

Case Brief

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Parties

Niall Fagan

Claimant

C & J Steele Scaffolding

First Named Respondent

Department for Employment & Learning

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether holiday pay and wages were outstanding and due to the claimant on 20 April 2009

Ratio Decidendi

There was insufficient evidence to satisfy the tribunal that the employee was entitled to be paid the amounts claimed for holiday pay and arrears of pay.

Court Disposition

Claims dismissed

Orders

  • The claimant’s claims for holiday pay and arrears of pay are dismissed under Rule 27(6) of the Industrial Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
  • The title of the second-named respondent is amended to 'Department for Employment and Learning'.