Wheavil v NIE Networks Ltd [2016] NIIT 01905_15IT (07 April 2016)

Wheavil v NIE Networks Ltd [2016] NIIT 01905_15IT (07 April 2016)

The tribunal does not have jurisdiction to determine the claimant’s claim for unauthorised deduction of wages under Articles 45-59 of the Employment Rights (Northern Ireland) Order 1996 because the claim is not for a significant identifiable sum but is, in substance, a claim for unquantified damages for breach of...

Source-derived case information.

Citation
[2016] NIIT 01905_15IT
Parties
Claimant: Anne Wheavil; Respondent: NIE Networks Ltd
Jurisdiction
Northern Ireland
Judgment Date
07 April 2016
Procedural Posture
Industrial Tribunal (northern Ireland) Pre Hearing Review / Jurisdictional Determination
Outcome
Claim dismissed for want of jurisdiction
Legal Topics
Unauthorised Deduction of Wages, Jurisdiction of Industrial Tribunal, Breach of Contract, Employment Rights (northern Ireland) Order 1996, Industrial Tribunals Extension of Jurisdiction Order (northern Ireland) 1994
Employment Law Unauthorised Deduction of Wages Jurisdiction of Industrial Tribunal Breach of Contract Employment Rights (northern Ireland) Order 1996 Industrial Tribunals Extension of Jurisdiction Order (northern Ireland) 1994

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Parties

Anne Wheavil

Claimant

NIE Networks Ltd

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Pre Hearing Review / Jurisdictional Determination

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to determine the claimant’s claim for unauthorised deduction of wages under Articles 45-59 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claim is properly one for damages for breach of contract, outside the tribunal’s jurisdiction

Ratio Decidendi

The tribunal does not have jurisdiction to determine the claimant’s claim for unauthorised deduction of wages under Articles 45-59 of the Employment Rights (Northern Ireland) Order 1996 because the claim is not for a significant identifiable sum but is, in substance, a claim for unquantified damages for breach of contract arising from an alleged misassessment of shift allowance, which must be pursued in the civil courts.

Court Disposition

Claim dismissed for want of jurisdiction

Orders

  • The tribunal does not have jurisdiction to determine the claimant’s claim for unauthorised deduction of wages under Articles 45-59 of the Employment Rights (Northern Ireland) Order 1996; the claim is dismissed.
  • If the claimant wishes to pursue her claim, she must do so as a claim for damages for breach of contract in the civil courts. The tribunal does not have jurisdiction to determine such a contract claim as the claimant remains in the employment of the respondent.