Laird v Annesborough Engineering Ltd [2013] NIIT 01148_13IT (23 August 2013)

Laird v Annesborough Engineering Ltd [2013] NIIT 01148_13IT (23 August 2013)

The tribunal found that the claim was presented outside the statutory time limit but it was not reasonably practicable to present it earlier due to deliberate misrepresentation by the respondent. The claim was presented within a further reasonable period. The respondent made unauthorised deductions from the claimant's wages, and the claim is well-founded.

Citation
[2013] NIIT 01148_13IT
Parties
Claimant: Noel Laird; Respondent: Annesborough Engineering Ltd
Jurisdiction
Northern Ireland
Judgment Date
23 August 2013
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Unauthorised Deduction of Wages, Limitation Period, Breach of Contract
Employment Law Unauthorised Deduction of Wages Limitation Period Breach of Contract

Case Brief

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Parties

Noel Laird

Claimant

Annesborough Engineering Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Was the claim for unauthorised deduction of wages presented within the statutory time limit?
  2. 2 Did the respondent make unauthorised deductions from the claimant's wages?
  3. 3 Should time be extended for presenting the claim?

Ratio Decidendi

The tribunal found that the claim was presented outside the statutory time limit but it was not reasonably practicable to present it earlier due to deliberate misrepresentation by the respondent. The claim was presented within a further reasonable period. The respondent made unauthorised deductions from the claimant's wages, and the claim is well-founded.

Court Disposition

claim allowed

Orders

  • The respondent is ordered to pay the claimant £2,964.44 for unauthorised deductions.
  • The respondent's title is amended to Annesborough Engineering Ltd.