Horner v Mandy Corr Damien Corr [2012] NIIT 00143_12IT (18 May 2012)

Horner v Mandy Corr Damien Corr [2012] NIIT 00143_12IT (18 May 2012)

The tribunal found on the balance of probabilities that the claimant was employed by the first-named respondent, was entitled to statutory minimum wage for hours worked, notice pay, holiday pay, and a penalty for failure to provide a written statement of particulars. Claims against the second-named respondent were dismissed as he was not the employer.

Citation
[2012] NIIT 00143_12IT
Parties
Claimant: Ashlyn Horner; Respondent: Mandy Corr; Respondent: Damien Corr
Jurisdiction
Northern Ireland
Judgment Date
18 May 2012
Procedural Posture
Employment Claim / Final Decision
Outcome
claim partly allowed
Legal Topics
Unpaid Wages, Notice Pay, Holiday Pay, Written Statement of Particulars, Employment Contract, Statutory Minimum Wage
Employment Law Unpaid Wages Notice Pay Holiday Pay Written Statement of Particulars Employment Contract Statutory Minimum Wage

Case Brief

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Parties

Ashlyn Horner

Claimant

Mandy Corr

Respondent

Damien Corr

Respondent

Procedural Posture

Employment Claim / Final Decision

Legal Issues

  1. 1 Whether the claimant was employed by the first-named respondent
  2. 2 Whether the claimant is entitled to unpaid wages, notice pay, holiday pay, and a penalty for failure to provide a written statement of particulars
  3. 3 Whether the second-named respondent is liable as an employer

Ratio Decidendi

The tribunal found on the balance of probabilities that the claimant was employed by the first-named respondent, was entitled to statutory minimum wage for hours worked, notice pay, holiday pay, and a penalty for failure to provide a written statement of particulars. Claims against the second-named respondent were dismissed as he was not the employer.

Court Disposition

claim partly allowed

Orders

  • Respondent Mandy Corr to pay claimant £2,326.57 in unpaid wages
  • Respondent Mandy Corr to pay claimant £207.22 in notice pay