Walker v Ivan McCombe [2013] NIIT 01940_12IT (09 January 2013)

Walker v Ivan McCombe [2013] NIIT 01940_12IT (09 January 2013)

The claimant was entitled to outstanding net wages, contractual bonus, and accrued holiday pay under his contract of employment. The respondent failed to pay these sums and failed to provide itemised pay statements as required by law. The claimant suffered an unauthorised deduction from wages and loss as a result of breach of contract. The respondent is ordered to pay the claimant £1,897.28.

Citation
[2013] NIIT 01940_12IT
Parties
Claimant: Robert John Walker; Respondent: Ivan McCombe
Jurisdiction
Northern Ireland
Judgment Date
09 January 2013
Procedural Posture
Industrial Tribunal / Final Decision After Hearing; Respondent Absent
Outcome
Claim allowed
Legal Topics
Unauthorised Deduction From Wages, Breach of Contract, Failure to Provide Itemised Pay Statement, Holiday Pay, Contractual Bonus
Employment Law Unauthorised Deduction From Wages Breach of Contract Failure to Provide Itemised Pay Statement Holiday Pay Contractual Bonus

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Parties

Robert John Walker

Claimant

Ivan McCombe

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing; Respondent Absent

Legal Issues

  1. 1 What particulars ought to have been included in a written itemised pay statement to comply with Article 40 of the Employment Rights (Northern Ireland) Order 1996?
  2. 2 Has the claimant suffered an unauthorised deduction from wages and/or breach of contract by the respondent in respect of the payment of wages, contractual bonus and holiday pay? If so, what loss has the claimant suffered?

Ratio Decidendi

The claimant was entitled to outstanding net wages, contractual bonus, and accrued holiday pay under his contract of employment. The respondent failed to pay these sums and failed to provide itemised pay statements as required by law. The claimant suffered an unauthorised deduction from wages and loss as a result of breach of contract. The respondent is ordered to pay the claimant £1,897.28.

Court Disposition

Claim allowed

Orders

  • Respondent to pay claimant £1,897.28 for unauthorised deduction from wages and breach of contract.
  • Respondent failed to provide itemised pay statements; particulars set out in the decision ought to have been included to comply with Article 40 of the Employment Rights (Northern Ireland) Order 1996.