Doyle v Toals Bookmakers [2017] NIIT 00866_17IT (28 September 2017)

Doyle v Toals Bookmakers [2017] NIIT 00866_17IT (28 September 2017)

The CO3 agreement, properly construed, included all claims arising out of the contract of employment or its termination, including holiday pay. The claim for holiday pay was not a future claim but an unrealised present claim and was compromised by the agreement. The chance discovery of the payslip did not entitle the claimant to bring a new claim. If the claim had been viable, the tribunal would have extended time, but the claim is dismissed as compromised.

Citation
[2017] NIIT 00866_17IT
Parties
Claimant: Una Doyle; Respondent: Toals Bookmakers
Jurisdiction
Northern Ireland
Judgment Date
28 September 2017
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Holiday Pay, Compromise Agreements, Time Limits, Unlawful Deduction From Wages, Breach of Contract
Employment Law Holiday Pay Compromise Agreements Time Limits Unlawful Deduction From Wages Breach of Contract

Case Brief

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Parties

Una Doyle

Claimant

Toals Bookmakers

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to pursue a claim for holiday pay having entered into a CO3 agreement in a previous case against the respondent
  2. 2 Whether the tribunal has jurisdiction to hear the claimant's claim for holiday pay on the basis that it was not presented within time

Ratio Decidendi

The CO3 agreement, properly construed, included all claims arising out of the contract of employment or its termination, including holiday pay. The claim for holiday pay was not a future claim but an unrealised present claim and was compromised by the agreement. The chance discovery of the payslip did not entitle the claimant to bring a new claim. If the claim had been viable, the tribunal would have extended time, but the claim is dismissed as compromised.

Court Disposition

Claim dismissed