Hammond v Dumfries Freight Limited [2009] NIIT 157_09IT (21 April 2009)

Hammond v Dumfries Freight Limited [2009] NIIT 157_09IT (21 April 2009)

The respondent failed to provide credible evidence justifying late submission of its response; the claimant proved unlawful deductions from wages, entitling him to compensation.

Source-derived case information.

Citation
[2009] NIIT 157_09IT
Parties
Claimant: Robert Hammond; Respondent: Dumfries Freight Limited
Jurisdiction
Northern Ireland
Judgment Date
21 April 2009
Procedural Posture
Industrial Tribunal / Final Judgment After Review Application and Substantive Hearing
Outcome
Claim allowed; respondent's response rejected; compensation awarded to claimant.
Legal Topics
Unauthorised Wage Deductions, Tribunal Procedural Rules, Review of Response Rejection
Employment Law Unauthorised Wage Deductions Tribunal Procedural Rules Review of Response Rejection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Hammond

Claimant

Dumfries Freight Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Review Application and Substantive Hearing

Legal Issues

  1. 1 Whether the respondent's response should be accepted despite late submission
  2. 2 Whether the claimant suffered unlawful deductions from wages

Ratio Decidendi

The respondent failed to provide credible evidence justifying late submission of its response; the claimant proved unlawful deductions from wages, entitling him to compensation.

Court Disposition

Claim allowed; respondent's response rejected; compensation awarded to claimant.

Orders

  • Respondent to pay claimant £495.00 for unauthorised wage deductions.
  • Respondent not entitled to participate in substantive hearing due to late response.