Carson v Creative Interiors [2008] NIIT 707_08IT (27 October 2008)

Carson v Creative Interiors [2008] NIIT 707_08IT (27 October 2008)

The respondent's persistent failure to pay the claimant's agreed wages constituted a fundamental breach of contract, entitling her to resign and claim constructive dismissal. The claimant had sufficient continuous service to qualify for protection under the relevant employment legislation.

Source-derived case information.

Citation
[2008] NIIT 707_08IT
Parties
Claimant: Julia Carson; Respondent: Creative Interiors (NI) Ltd
Jurisdiction
Northern Ireland
Judgment Date
07 October 2008
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim upheld
Legal Topics
Unfair Dismissal, Constructive Dismissal, Unlawful Deduction of Wages
Employment Law Unfair Dismissal Constructive Dismissal Unlawful Deduction of Wages

Source-derived case record

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Parties

Julia Carson

Claimant

Creative Interiors (NI) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly (constructively) dismissed
  2. 2 Whether there were unlawful deductions from the claimant's wages

Ratio Decidendi

The respondent's persistent failure to pay the claimant's agreed wages constituted a fundamental breach of contract, entitling her to resign and claim constructive dismissal. The claimant had sufficient continuous service to qualify for protection under the relevant employment legislation.

Court Disposition

Claim upheld

Orders

  • Respondent to pay claimant £7,989.00 as compensation for unfair dismissal.
  • Respondent to pay claimant £7,480.00 for unlawful deductions from wages.