Austin v John McAllister Halo Pantry and Grill Limited [2011] NIIT 00347_11IT (09 May 2011)L

Austin v John McAllister Halo Pantry and Grill Limited [2011] NIIT 00347_11IT (09 May 2011)L

The respondents were not entitled to withhold wages for days worked in the absence of a contractual term permitting such action; the claimant is entitled to payment for all days worked.

Source-derived case information.

Citation
[2011] NIIT 00347_11IT
Parties
Claimant: David Austin; Respondent: John McAllister; Respondent: Halo Pantry and Grill Limited
Jurisdiction
Northern Ireland
Judgment Date
09 May 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part
Legal Topics
Unpaid Wages, Breach of Contract, Notice Period
Employment Law Unpaid Wages Breach of Contract Notice Period

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Austin

Claimant

John McAllister

Respondent

Halo Pantry and Grill Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to unpaid wages for the period worked despite resigning without notice
  2. 2 Whether the respondents are entitled to withhold wages due to lack of notice in the absence of a contractual term

Ratio Decidendi

The respondents were not entitled to withhold wages for days worked in the absence of a contractual term permitting such action; the claimant is entitled to payment for all days worked.

Court Disposition

Claim allowed in part

Orders

  • Respondents to pay claimant £595.00 in respect of unpaid wages