Chan v Winnie Magee So (Shirley) Chan [2012] NIIT 00082_12IT (30 March 2012)

Chan v Winnie Magee So (Shirley) Chan [2012] NIIT 00082_12IT (30 March 2012)

The respondent admitted wages were owing; the only issue was quantification. The claimant's holiday pay claim was dismissed as the leave was unauthorised and only raised after employment ended. The counterclaim was dismissed as disingenuous and unsupported by evidence.

Source-derived case information.

Citation
[2012] NIIT 00082_12IT
Parties
Claimant: So (Shirley) Chan; Respondent: Winnie Magee; Claimant (counterclaim): Winnie Magee; Respondent (counterclaim): So (Shirley) Chan
Jurisdiction
Northern Ireland
Judgment Date
30 March 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claimant awarded £670.80 for unlawful deductions; holiday pay claim dismissed; respondent's counterclaim dismissed.
Legal Topics
Unlawful Deduction From Wages, Holiday Pay, Counterclaim
Employment Law Unlawful Deduction From Wages Holiday Pay Counterclaim

Source-derived case record

Summary, issues, holding and outcome

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Parties

So (Shirley) Chan

Claimant

Winnie Magee

Respondent

Winnie Magee

Claimant (counterclaim)

So (Shirley) Chan

Respondent (counterclaim)

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent made unlawful deductions from the claimant's wages
  2. 2 Whether the claimant was entitled to holiday pay for the week 18–22 July 2011
  3. 3 Whether the respondent's counterclaim for £19,000 was valid

Ratio Decidendi

The respondent admitted wages were owing; the only issue was quantification. The claimant's holiday pay claim was dismissed as the leave was unauthorised and only raised after employment ended. The counterclaim was dismissed as disingenuous and unsupported by evidence.

Court Disposition

Claimant awarded £670.80 for unlawful deductions; holiday pay claim dismissed; respondent's counterclaim dismissed.

Orders

  • Respondent to pay claimant £670.80 for unlawful deductions from wages.
  • Claimant's claim for holiday pay dismissed.