Seijas v NIT Ltd Massimiliano Marciano [2015] NIIT 01044_15IT (30 September 2015)

Seijas v NIT Ltd Massimiliano Marciano [2015] NIIT 01044_15IT (30 September 2015)

The respondent's failure to pay the claimant's wages and expenses constituted a serious repudiatory breach of contract, justifying the claimant's resignation and amounting to constructive and unfair dismissal. The respondent also failed to provide itemised pay statements as required by law.

Citation
[2015] NIIT 01044_15IT
Parties
Claimant: Lucia Martinez Seijas; Respondent: NIT Ltd; Respondent: Massimiliano Marciano
Jurisdiction
Northern Ireland
Judgment Date
30 September 2015
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part
Legal Topics
Unfair Dismissal, Constructive Dismissal, Breach of Contract, Unauthorised Deduction From Wages, Failure to Provide Itemised Pay Statement
Employment Law Unfair Dismissal Constructive Dismissal Breach of Contract Unauthorised Deduction From Wages Failure to Provide Itemised Pay Statement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Lucia Martinez Seijas

Claimant

NIT Ltd

Respondent

Massimiliano Marciano

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly and constructively dismissed
  2. 2 Whether there was a breach of contract by the respondent
  3. 3 Whether there were unauthorised deductions from wages

Ratio Decidendi

The respondent's failure to pay the claimant's wages and expenses constituted a serious repudiatory breach of contract, justifying the claimant's resignation and amounting to constructive and unfair dismissal. The respondent also failed to provide itemised pay statements as required by law.

Court Disposition

Claim allowed in part

Orders

  • Second respondent dismissed from proceedings
  • First respondent to pay claimant £13,731.12 for breach of contract (wages and expenses)