Cusack v Down Development Limited [2012] NIIT 01229_12IT (26 October 2012)

Cusack v Down Development Limited [2012] NIIT 01229_12IT (26 October 2012)

The claimant was dismissed because he raised concerns about an unlawful deduction of wages, a relevant statutory right, and the dismissal was automatic unfair dismissal under the Employment Rights (Northern Ireland) Order 1996.

Citation
[2012] NIIT 01229_12IT
Parties
Claimant: Damian Cusack; Respondent: Down Developments Limited
Jurisdiction
Northern Ireland
Judgment Date
26 October 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Unfair Dismissal, Unlawful Deduction of Wages, Statutory Rights, Notice Pay
Employment Law Unfair Dismissal Unlawful Deduction of Wages Statutory Rights Notice Pay

Case Brief

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Parties

Damian Cusack

Claimant

Down Developments Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Was the claimant sent a text informing him that wages were going to be reduced by 10%?
  2. 2 Was the claimant dismissed?
  3. 3 If so, was the reason for dismissal that the employer had infringed a relevant statutory right?

Ratio Decidendi

The claimant was dismissed because he raised concerns about an unlawful deduction of wages, a relevant statutory right, and the dismissal was automatic unfair dismissal under the Employment Rights (Northern Ireland) Order 1996.

Court Disposition

Claim upheld

Orders

  • Respondent to pay claimant £9,788.00
  • Prescribed element for recoupment purposes set at £5,700.00 for period 14 June 2012 to 26 October 2012