Allen v Astriview Ltd [2008] NIIT 215_08IT (31 July 2008)

Allen v Astriview Ltd [2008] NIIT 215_08IT (31 July 2008)

The claimant is entitled to unpaid wages and contractual expenses as proven by evidence, but not to constructive dismissal or payment in lieu of notice due to insufficient continuous employment and lack of sufficient basis.

Citation
[2008] NIIT 215_08IT
Parties
Claimant: Michael John Allen; Respondent: Astriview Ltd; Respondent: Department for Employment & Learning, Redundancy Payments Branch
Jurisdiction
Northern Ireland
Judgment Date
31 July 2008
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim partly allowed
Legal Topics
Unpaid Wages, Breach of Contract, Expenses, Constructive Dismissal
Employment Law Unpaid Wages Breach of Contract Expenses Constructive Dismissal

Case Brief

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Parties

Michael John Allen

Claimant

Astriview Ltd

Respondent

Department for Employment & Learning, Redundancy Payments Branch

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to unpaid wages
  2. 2 Entitlement to expenses under contract
  3. 3 Claim for constructive dismissal

Ratio Decidendi

The claimant is entitled to unpaid wages and contractual expenses as proven by evidence, but not to constructive dismissal or payment in lieu of notice due to insufficient continuous employment and lack of sufficient basis.

Court Disposition

Claim partly allowed

Orders

  • First-named respondent to pay claimant £2,132.77 for unpaid wages
  • First-named respondent to pay claimant £409.50 for expenses