Monteith v Breen Contracts Ltd [2009] NIIT 3183_09IT (06 November 2009)

Monteith v Breen Contracts Ltd [2009] NIIT 3183_09IT (06 November 2009)

The claimant was entitled to one week's pay in lieu of notice at the statutory sick pay rate, one week's unpaid wages at his net pay rate for the 'lying week,' and two weeks' unpaid holiday pay at his net pay rate, as the respondent failed to pay these sums and provided no defence.

Citation
[2009] NIIT 3183_09IT
Parties
Claimant: Mervyn Monteith; Respondent: Breen Contracts Ltd
Jurisdiction
Northern Ireland
Judgment Date
06 November 2009
Procedural Posture
Employment Claim / Final Judgment
Outcome
claim allowed
Legal Topics
Unpaid Wages, Holiday Pay, Pay in Lieu of Notice, Statutory Sick Pay, Deductions From Wages
Employment Law Unpaid Wages Holiday Pay Pay in Lieu of Notice Statutory Sick Pay Deductions From Wages

Case Brief

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Parties

Mervyn Monteith

Claimant

Breen Contracts Ltd

Respondent

Procedural Posture

Employment Claim / Final Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to unpaid wages, holiday pay, and pay in lieu of notice under the Employment Rights (Northern Ireland) Order 1996 and related regulations.

Ratio Decidendi

The claimant was entitled to one week's pay in lieu of notice at the statutory sick pay rate, one week's unpaid wages at his net pay rate for the 'lying week,' and two weeks' unpaid holiday pay at his net pay rate, as the respondent failed to pay these sums and provided no defence.

Court Disposition

claim allowed

Orders

  • Respondent to pay claimant £75.40 for pay in lieu of notice.
  • Respondent to pay claimant £500.00 for one week's unpaid wages.