Sales v Davison (t/a Down Fabrications) (Breach of Contract) [2002] NIIT 887_02 (29 November 2002)

Sales v Davison (t/a Down Fabrications) (Breach of Contract) [2002] NIIT 887_02 (29 November 2002)

The tribunal found that the applicant was entitled to commission for the period 1 November 2001 to 1 February 2002 and health insurance costs for six months, rejecting the respondent's argument that these were conditional on probation completion, as the contract did not support such a condition and the respondent...

Source-derived case information.

Citation
[2002] NIIT 887_02
Parties
Applicant: Stephen Sales; Respondent: Jon Davison t/a Down Fabrications
Jurisdiction
Northern Ireland
Judgment Date
29 November 2002
Procedural Posture
Industrial Tribunal Breach of Contract / Final Decision
Outcome
Applicant's claim for breach of contract partially allowed
Legal Topics
Breach of Contract, Unpaid Commission, Employment Benefits
Employment Law Contract Law Breach of Contract Unpaid Commission Employment Benefits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Sales

Applicant

Jon Davison t/a Down Fabrications

Respondent

Procedural Posture

Industrial Tribunal Breach of Contract / Final Decision

Legal Issues

  1. 1 Whether the applicant is entitled to unpaid commission and health insurance costs under the contract of employment
  2. 2 Whether commission and health insurance premiums were conditional on completion of probationary period

Ratio Decidendi

The tribunal found that the applicant was entitled to commission for the period 1 November 2001 to 1 February 2002 and health insurance costs for six months, rejecting the respondent's argument that these were conditional on probation completion, as the contract did not support such a condition and the respondent failed to provide supporting evidence.

Court Disposition

Applicant's claim for breach of contract partially allowed

Orders

  • Respondent to pay applicant £443.60 for unpaid commission for 1 November 2001 to 1 February 2002
  • Respondent to pay applicant £554.04 for health insurance costs for six months