THE INDUSTRIAL TRIBUNALS

CASE REF:	245/07

CLAIMANT:			Brian Duncan

RESPONDENT:		Easyclad

DECISION

The decision of the tribunal is:-

(1)	that the title be amended to read -

	(i)	Easyclad; and

	(ii)	Michael Devine T/A Easyclad.

(2)	That the claimant is owed notice pay (£400), holiday pay (£160) and overtime pay £105, a total of £665 and the Tribunal orders the respondents to pay this amount to the claimant.

Constitution of Tribunal:
Chairman:		Ms P Sheils
Appearances:
The claimant appeared in person.
The respondents did not appear.
The Claim and The Defence

The claimant’s claim was for unpaid wages, holiday pay and notice pay.

The respondents did not enter a response.  There was no correspondence on file from the respondents.

Decision

The tribunal decided to dispose of case under Rule 27 (5) of Industrial Tribunals Rules of Procedure 2005.

Evidence

1.	The claimant’s evidence was that he had commenced working for Easyclad in August 2006. and that Easyclad was owned by Mr Michael Devine.  The claimant had no payslips.  He stated that he had asked for these when he worked there but had never received any.  

2.	On 3 January 2007 he received a phone call from his manager and was told by him that him there were “pay offs” and he was one of them.

3.	The claimant received no notice pay.  He was owed overtime for work done before Christmas 2006 and was owed two days holiday pay.

4.	The claimant telephoned his manger Mr Gerry Lundy and told him he wanted his money.  The claimant’s evidence was that Mr Lundy had threatened to come down to his house and “do his bap in”.

5.	The claimant then rang Mr Michael Devine who is the owner of Easyclad.  Mr Devine told the claimant to come and get his money.  The claimant said that he was unwilling to do so because he had been threatened by Mr Lundy.  Mr Devine then said that he “would probably” post the money out to the claimant.

6.	The claimant wrote to Mr Devine on 8 January 2007 and set out the details of the monies owed.  The claimant did not receive any reply nor any monies.

7.	On his being laid off work the claimant sought Job Seeker’s Allowance.  However, he was advised by the DHSS that no national insurance contributions had been paid by the respondents.  DHSS wrote to Easyclad but received no reply.  The claimant was refused Job Seeker’s Allowance.

8.	The Tribunal found that the monies claimed were owed and ordered their payment by the respondents accordingly.

Chairman:

Date and place of hearing:	11 May 2007, Belfast.

Date decision recorded in register and issued to parties: