Smyth v Porter & Ors (Breach of Contract Unauthorised Deduction of Wages) [2018] NIIT 04185_18IT (26 July 2018)
The claims were dismissed due to insufficient evidence, as neither party appeared or provided explanation, and the judge exercised powers under Rule 27(5).
- Citation
- [2018] NIIT 04185_18IT
- Parties
- Claimant: Jamie Smyth; Respondent: John Porter; Respondent: JP Joinery; Respondent: Creative Joinery Worx Limited; Respondent: Creative Joinery Corporate Limited
- Jurisdiction
- Northern Ireland
- Judgment Date
- 26 July 2018
- Procedural Posture
- Industrial Tribunal / Final Judgment
- Outcome
- Claims dismissed
- Legal Topics
- Breach of Contract, Unauthorised Deduction of Wages, Holiday Pay
Case Brief
Summary, issues, holding and outcome
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Parties
Jamie Smyth
Claimant
John Porter
Respondent
JP Joinery
Respondent
Creative Joinery Worx Limited
Respondent
Creative Joinery Corporate Limited
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment
Legal Issues
- 1 Whether there was a breach of contract regarding holiday pay
- 2 Whether there was an unauthorised deduction from wages
Ratio Decidendi
The claims were dismissed due to insufficient evidence, as neither party appeared or provided explanation, and the judge exercised powers under Rule 27(5).
Court Disposition
Claims dismissed
Orders
- Proceedings dismissed for insufficient evidence
Full Case Text
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