Hynds v Egan & Anor (t/a Enable Supplies) [2006] NIIT 1189/05 (27 April 2006)
The claimant's solicitor's letter of 8 July 2005 was sufficient to constitute a written grievance, and it was presented more than 28 days before the tribunal claim, satisfying procedural requirements.
Source-derived case information.
- Citation
- [2006] NIIT 1189/05
- Parties
- Claimant: Anna Hynds; Respondents: Ben and Noreen Egan t/a Enable Supplies
- Jurisdiction
- Northern Ireland
- Judgment Date
- 27 April 2006
- Procedural Posture
- Industrial Tribunal / Application for Review of Acceptance of Claim
- Outcome
- Application for review allowed; previous decision revoked
- Legal Topics
- Unlawful Deduction From Wages, Holiday Pay, Commission, Grievance Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anna Hynds
Claimant
Ben and Noreen Egan t/a Enable Supplies
Respondents
Procedural Posture
Industrial Tribunal / Application for Review of Acceptance of Claim
Legal Issues
- 1 Whether the claimant's written grievance was sufficient and timely under the relevant procedure
- 2 Whether the claim for unlawful deduction from wages, holiday pay and commission should be accepted
Ratio Decidendi
The claimant's solicitor's letter of 8 July 2005 was sufficient to constitute a written grievance, and it was presented more than 28 days before the tribunal claim, satisfying procedural requirements.
Court Disposition
Application for review allowed; previous decision revoked
Orders
- The decision not to accept the claim relating to unlawful deduction from wages, holiday pay and commission is revoked.
- That part of the claim presented on 11 August 2005 is accepted.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Industrial Tribunals Northern Ireland Decisions You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hynds v Egan & Anor (t/a Enable Supplies) [2006] NIIT 1189/05 (27 April 2006) URL: https://www.bailii.org/nie/cases/NIIT/2006/1189_05.html Cite as: [2006] NIIT 1189/5, [2006] NIIT 1189/05 [ New search ] [ Printable RTF version ] [ Help ] THE INDUSTRIAL TRIBUNALS CASE REF: 1189/05 CLAIMANT: Anna Hynds RESPONDENTS: Ben and Noreen Egan t/a Enable Supplies DECISION ON APPLICATION FOR REVIEW I hereby revoke the decision not to accept that part of the claim which relates to unlawful deduction from wages, holiday pay and commission and I direct that that part of the claim presented to the tribunal on 11 August 2005 should be accepted. Constitution of Tribunal: Chairman: Mrs M Davey Appearances: The claimant was represented by Mr M Bernard, Barrister-at-Law, instructed by M Diane M Coulter, Solicitor. Reasons: In view of the letter sent by the claimant's solicitor to the respondents' representative on 8 July 2005, I am satisfied that this letter was sufficient to be considered as the claimant's complaints in writing to the respondents in that that letter dealt with the claimant's dissatisfaction with regard to outstanding monies owed, breach of contract, holiday pay and a failure to pay commission. In the circumstances, I am satisfied that a grievance had been presented in writing to the respondents more than 28 days before the claim was presented to the tribunal. In coming to this conclusion, I am satisfied that the respondents have been aware of the complaints which the claimant was making prior to the presentation of her claim to the tribunal and I therefore consider that there would be more prejudice to the claimant if these matters were not accepted as part of her claim than there would be to the respondents in those complaints being accepted. Chairman: Date and place of hearing: 27 April 2006, Belfast Date decision recorded in register and issued to parties: BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/nie/cases/NIIT/2006/1189_05.html