INDUSTRIAL TRIBUNALS

CASE REF: 3954/03

APPLICANT:	Andrew Davidson Lappin

RESPONDENTS:	1.	Jackie McMullan
			2.	Moneyrea Precast

DECISION

The unanimous decision of the tribunal is that the applicant’s claim for unpaid wages is dismissed.

Appearances:

The applicant did not appear and was not represented.

The first named respondent appeared in person.

Decision of the tribunal given in summary form

1.	The tribunal had the benefit of reading the applicant’s application to the Industrial Tribunal in which he stated that his employer, the first named respondent, had paid him off just before the July holidays in 2003.  The applicant felt that he was entitled to a redundancy payment based on his employment for a period of approximately three years.

2.	The first named respondent who traded under the name Moneyrea Precast told the tribunal that the applicant had in fact been dismissed for being drunk whilst driving a digger whilst in the respondent’s employment.  Whilst the applicant could have been dismissed summarily, the first named respondent felt that as it was coming to the holiday period it would be unfair to leave the applicant at a financial disadvantage and therefore gave him two additional weeks pay together with his week’s pay due on 11 July 2003.  The applicant received three weeks pay for his last week’s work.

3.	Mr McMullan explained to the tribunal that there was no question of the applicant being dismissed for redundancy.  The applicant was dismissed because of his drunkenness and another employee was hired to replace him.

4.	The tribunal accept the respondents’ account of events and dismiss the applicant’s application.

Chairman:

Date and place of hearing:  22nd January 2004, Belfast.

Date decision recorded in register and issued to parties: