Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  174/14

 

 

 

CLAIMANT:                          Amy Gloria Jordan Lester

 

 

RESPONDENT:                  Donna O’Kane Newman

                                                t/a Wellington’s Coffee Shop

 

 

 

DECISION

The decision of the tribunal is set out at Paragraph 3 below.

 

Constitution of Tribunal:

Employment Judge Buchanan (sitting alone)

 

Appearances:

The claimant appeared in person and was not represented.

The respondent did not appear and was not represented.

 

1          At the outset of the hearing I amended the title of the respondent to that now shown above.

 

2          The claimant has brought claims of breach of contract, failure to provide written particulars of employment and failure to provide an itemised pay statement against the respondent.  The latter has entered a response to these proceedings, but did not attend the hearing.  I have, however, considered the contents of the response form in reaching my decision.

 

3(i)      The claimant was employed as a waitress by the respondent from 5 August 2013 until around 2 December 2013.

 

 (ii)       I found her to be a truthful witness and am satisfied on the basis of her evidence that:-

 

                        (a)       she is owed £100.00 in respect of unpaid wages; and

 

                        (b)       she is owed a sum of £350.00 in respect of unpaid holiday pay.

 

            I find support for the claimant’s evidence from the respondent’s response where there appears to be an acceptance that she is owed at least some money.

 

            I find that the respondent is in breach of the claimant’s contract of employment and order that she do pay to the claimant the above sums.

 

(iii)     The claimant earned £100.00 per week, and I order that the respondent do pay to her £200.00 (two weeks’ pay) by reason of the respondent’s failure to provide her with a written statement of her employment particulars.

 

(iv)     I make a declaration that the respondent failed to give the employee a pay statement in accordance with Article 40 of the Employment Rights (Northern Ireland) Order 1996.  There is insufficient evidence before me to make an award under Article 44(3) of the Order.

 

4          This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

 

 

 

 

 

 

 

Employment Judge:

 

 

Date and place of hearing:          2 April 2014, Belfast

 

 

Date decision recorded in register and issued to parties: