Smyth v IM Windows and Conservatories Ltd [2007] NIIT 2415_06 (3 April 2007)

The claimant failed to discharge the burden of proof on the balance of probabilities for breach of contract, notice pay, and holiday pay claims.

Citation: [2007] NIIT 2415_06
Parties: Claimant: Hugh Patrick Smyth; Respondent: IM Windows and Conservatories Ltd
Jurisdiction: Northern Ireland
Judgment Date: 03 April 2007
Procedural Posture: Industrial Tribunal / Final Decision
Outcome: All claims dismissed
Legal Topics: Breach of Contract, Notice Pay, Holiday Pay

Case Brief

Summary, issues, holding and outcome

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Hugh Patrick Smyth

Claimant

IM Windows and Conservatories Ltd

Respondent

Industrial Tribunal / Final Decision

1 Whether the respondent was in breach of contract in failing to pay further wages and reimburse for a missing spirit level
2 Whether the claimant was entitled to one week's notice pay
3 Whether the claimant was entitled to holiday pay

The claimant failed to discharge the burden of proof on the balance of probabilities for breach of contract, notice pay, and holiday pay claims.

All claims dismissed