Mr B M Joao and others v Rondel Haulage Ltd: 3305562/2018 and others
JUDGMENT
[1]Mr Joao Batista Mariano and Mr Aparecido Damiao were both “workers” within the meaning of s 230 ERA 1996. The Tribunal has jurisdiction to hear their claims.[2]The other Claimants did not appear and their cases are struck out under Rule 37 for not being actively pursued.[3]Mr Mariano’s claim for breach of contract and/or unlawful deductions in respect of 17 days’ arrears of pay (£180/day) is well founded.[4]Mr Aparecido’s claim for breach of contract and/or unlawful deductions in respect of 17 days’ arrears of pay (£140/day) is well founded.[5]The claims by Mr Mariano and Mr Aparecido in respect of outstanding pay due for sleeping in the cab overnight and/or for allegedly outstanding expenses are dismissed.[6]The claims for holiday pay under the Working Time Regulations 1998 are dismissed. Case Number: 3305562/2018, 3305563/2018, 3305564/2018 3305565/2018, 3305566/2018 REMEDY[1]The respondent is ordered to pay Mr Joao Mariano the gross sum of £2880, and the claimant will be obliged to account for any sums payable for tax.[2]The respondent is ordered to pay Mr Aparecido the gross sum of £2380 and the claimant will be obliged to account for any sums payable for tax.[3]The Recoupment Regulations do not apply. Note: In the event that the respondent is insolvent in law a claim to the National Insurance Fund may apply.