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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McNally v Early Years Daycare Nursery (S... [2014] NIIT 1948_13IT (17 January 2014) URL: http://www.bailii.org/nie/cases/NIIT/2014/1948_13IT.html Cite as: [2014] NIIT 1948_13IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1948/13
CLAIMANT: Ann McNally
RESPONDENT: Early Years Daycare Nursery (Stewartstown) Ltd
DECISION
I find that the claimant’s claim for unpaid wages is well-founded and I order the respondent to pay to the claimant the sum of £570.40 (gross) subject to the appropriate deductions for tax and national insurance.
Constitution of Tribunal:
Chairman (sitting alone): Miss E McCaffrey
Appearances:
The claimant appeared in person and represented her.
The respondent had lodged a response but did not appear and was not represented.
Decision
1. The claimant had worked for the respondent as a part-time care assistant from 15 August until 9 September 2013.
2. On the unchallenged evidence of the claimant I find that between 15 August and 9 September the claimant worked for the respondent for a total of 92 hours. Her contract of employment specified that she would be paid at the rate of £6.20 per hour.
3. The response form lodged by the respondent and the contract of employment produced showed the name of the respondent as Early Years Daycare Nursery (Stewartstown) Ltd and I order that the name of the respondent shall be amended accordingly.
4. The account given by the claimant of the events leading up to the termination of her employment vary considerably from that given by the respondent. Given that I have heard direct evidence from the claimant in relation to these matters, I accept her account of matters. In particular I asked her if she had been provided with a staff handbook or made aware of the policy of the employer, that if she did not work her notice she would lose any wages to which she was entitled and she was clear that she was not aware of this. She also pointed out (correctly) that her contract of employment specified that if she had worked for less than a month, she was not liable to give any notice given that the claimant had worked only from 15 August until 9 August, her period of employment with the respondent was less than one month.
5. I accepted that on the basis of the contract signed by the claimant, the respondent is not entitled to make any deductions of wages for failure to work notice, as the claimant was not due to work any notice. Secondly, even if she had been contractually bound to give notice, I do not accept that it would be a reasonable or proportionate penalty for the claimant to suffer loss of her wages. I therefore order the respondent to pay to the claimant the sum of £570.40 in respect of arrears of unpaid wages.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 8 January 2014, Belfast.
Date decision recorded in register and issued to parties: