Carter v South Eastern Regional College [2010] NIIT 06266_09IT (10 August 2010)

Carter v South Eastern Regional College [2010] NIIT 06266_09IT (10 August 2010)

The claimant failed to establish a contractual or legal entitlement to be paid as a Senior Executive Officer. The email of 30 September 2004 did not create such an entitlement, as it was not the final determination of the job evaluation process. Even if the deduction was quantifiable, there was no sum properly payable to the claimant at the higher grade. The claim was therefore dismissed.

Citation
[2010] NIIT 06266_09IT
Parties
Claimant: Wilf Carter; First Respondent: South Eastern Regional College; Second Respondent: Belfast City Council
Jurisdiction
Northern Ireland
Judgment Date
10 August 2010
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Unlawful Deduction of Wages, Contractual Entitlement, Job Evaluation, Jurisdiction, Time Limits
Employment Law Unlawful Deduction of Wages Contractual Entitlement Job Evaluation Jurisdiction Time Limits

Case Brief

Summary, issues, holding and outcome

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Parties

Wilf Carter

Claimant

South Eastern Regional College

First Respondent

Belfast City Council

Second Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain the claim by reason of time requirements under Article 55 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether an email dated 30 September 2004 created a contractual entitlement for the claimant to be paid as a Senior Executive Officer
  3. 3 Whether the claimant can point to a specified sum or quantifiable amount for the purposes of Article 45 of the 1996 Order

Ratio Decidendi

The claimant failed to establish a contractual or legal entitlement to be paid as a Senior Executive Officer. The email of 30 September 2004 did not create such an entitlement, as it was not the final determination of the job evaluation process. Even if the deduction was quantifiable, there was no sum properly payable to the claimant at the higher grade. The claim was therefore dismissed.

Court Disposition

Claim dismissed