Fair Employment Tribunal Northern Ireland Decisions

 
FAIR EMPLOYMENT TRIBUNAL

CASE REF: 189/03FET

1204/03

APPLICANT: Geoff Pue

RESPONDENT: Spice Tree Ltd

DECISION

The unanimous decision of the tribunal is that the applicant informed the tribunal that as the respondent company was in liquidation he did not intend to proceed with his claims of sex discrimination or that he had been discriminated against on the grounds of his religious or political opinions or that he had been unfairly dismissed. He only intended to proceed on his claim that on his dismissal he had not received his pay in lieu of notice or accrued holiday pay.

The unanimous decision of the tribunal is that the applicant was entitled to one week's pay in lieu of notice and four days accrued holiday pay. The calculations are set out below.

Appearances:

The applicant was represented by Mr Jim Wells, MLA.

The respondent did not appear and was not represented.

This decision is given in summary form.

The findings of the tribunal

1. The tribunal find that the applicant was employed by the respondent for a period of two months from 6 January 2003 to 5 March 2003. His wages as a chef were £5.00 per hour for a seven and a half hour day. Consequently his wages per day were £37.50.
2. Despite the fact that the applicant did not have a written Contract of Employment he had been informed by the respondent that under his verbal Contract of Employment he was entitled to four weeks holiday per annum.
3. The applicant was dismissed without notice on 5 March 2003.
4. Consequently the applicant is entitled to receive one week's pay in lieu of notice amounting to £37.50 per day x 5 = a sum of £187.50.
5. The tribunal also hold that he is entitled to two twelfths of his annual holiday pay amounting to four days holiday pay at £37.50 per day x 4 = a sum of £150.00.
6. The total sum due to the applicant amounts to £337.50.

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 25 January 2005, Belfast.

Date decision recorded in register and issued to parties: