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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Bednarska v L & M Fashions Ireland Ltd [2010] NIIT 01923_10IT (04 March 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/01923_10IT.html Cite as: [2010] NIIT 01923_10IT, [2010] NIIT 1923_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1923/10
CLAIMANT: Malgurzata Bednarska
RESPONDENT: L & M Fashions Ireland Ltd
DECISION
The Tribunal makes a declaration that the claimant’s itemised pay statement is deemed to include the following, net salary - £150 per week and that this itemised pay statement is deemed to have been given to the claimant by the respondent.
Constitution of Tribunal:
Chairman: Ms Petra Sheils
Members: Mrs Linda Hutchinson
Mr Brendan Heaney
Appearances:
The claimant appeared and was represented by Ms Paula Tiernan, Citizens Advice Bureau.
The respondent did not appear and was not represented.
The Claim and the Response
1. The claimant lodged a claim on 6 August 2010 claiming breach of contract in the respondent’s failure to issue payslips and unauthorised deduction of wages.
2. The respondent did not present a response.
The Hearing
3. The Tribunal considered the claimant’s claim form, and heard evidence from Ms Malgurzata Bednarska and her husband Piotr Bednarska and found the following facts:-
(i) The claimant commenced working for the respondent on 10 June 2008 as a dressmaker. The claimant worked for 34 hours per week and received £150.00 pay per week. The claimant did not receive an itemised pay statement at any stage during her employment.
(ii) In December 2009 the claimant advised her manager, Mrs Lillian Galloghy that she was pregnant and that she would be taking maternity leave in February 2010.
(iii) At this stage Ms Galloghy assured the claimant that she would continue to be paid during her maternity leave.
(iv) The claimant left work on maternity leave in February 2010 but she did not receive either her salary or statutory maternity pay from the respondent. At this stage the claimant had worked for the respondent continuously for 60 weeks which ended immediately before the expected week of childbirth. The claimant contacted the Jobs and Benefits Office. They advised her that in order to process any claim for her, the claimant was required to produce 13 weeks’ payslips.
(v) The claimant contacted Ms Lillian Galloghy and asked her for payslips. The claimant also asked Mr Galloghy for her P45 and her P60. Ms Galloghy assured the claimant that she would furnish all the documentation but in fact she never did.
(vi) The claimant’s husband contacted Ms Galloghy requesting the same documentation and received the same assurances that it would be sent to the claimant. When Mr Bednarska did not receive the documentation he went to see Ms Galloghy who again reassured him that she would forward the documentation.
(vii) When the documentation was not forthcoming Mr Bednarska spoke again to Ms Galloghy who advised him that she was sick but that on her recovery she would forward the requisite documentation.
(viii) The claimant did not recover from the respondent any payslips or her P45 and P60.
The Tribunal’s Conclusions
4. The Tribunal noted that the claimant’s claim was a reference under Articles 40 and 43 of the Employment Rights (Northern Ireland) Order 1996 seeking a determination of what particulars should be included in the claimant’s itemised pay statement.
5. In view of the facts found the Tribunal makes a declaration that the claimant’s itemised pay statement is deemed to include the following:
Net salary - £150 per week
and that this itemised pay statement is deemed to have been in place from the outset of the claimant’s employment and the Tribunal makes a declaration to that effect.
The claimant gave no evidence in relation to her outstanding holiday pay and consequently no order was made in respect of this.
Chairman:
Date and place of hearing: 7 December 2010, Belfast.
Date decision recorded in register and issued to parties: