Industrial Tribunals Northern Ireland Decisions

 


Leslie & Ors v ADY Enterprises Ltd & Anor (Redundancy Payments) [2002] NIIT 219_02 (12 November 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 219/02 & Others

(See attached list)

APPLICANTS: Leslie & Others

(See attached list)

RESPONDENTS: 1. ADY Enterprises Limited

2. Department of Employment and Learning

DECISION

The unanimous decision of the tribunal is that the applicants are entitled to receive the sums set out in the table in the body of the decision under the heads of damage also set out in the table.

Appearances:

The applicants appeared in person and represented themselves.

The first named respondent did not appear and did not instruct any representation.

The second named respondent was represented by Ms K Dobbin.

SUMMARY REASONS

The tribunal found the following facts:-

1. The employment of all applicants was terminated on 4 January 2002. The Directors of the company called a meeting of the workforce and indicated that the factory could no longer stay open. We find that the applicants were all redundant and are entitled to receive a redundancy payment in accordance with the table of entitlement set out below.

Applicant	Case Ref No	Completed years of service	Age at termination of employment	Gross Weekly Wage	Total Redundancy Payment
Sharon Leslie	219/02	6	33	£160.00	£960.00
Siobhan Ferris	817/02	6	36	£144.69	£868.14
Brenda Campbell	860/02	6	47	£140.00	£1,260.00
Barbara Smyth	878/02	4	54	£159.90	£959.40
Margaret Cauley	970/02	7	55	£159.90	£1,678.95
Jacqueline Moore	988/02	6	33	£159.90	£959.40
Sally Ann Fleming	1009/02	4	41	£140.00	£560.00
Susanne Roxborough	1154/02	4	37	£159.90	£639.60
William Vauls	1155/02	3	34	£213.00	£639.00

2. The tribunal also found that the applicants were entitled to receive the payments in lieu of notice, payments in respect of lying weeks and payments in respect of unpaid wages/holiday pay as are set out in the table below.

Applicant	Case Ref No	Completed years of service	Net Weekly Wage	Lying Week	Payment in lieu of notice	Holiday Pay/ Unpaid Work	Total
Sharon Leslie	219/02	6	£130.00	£130.00	£780.00	£130.00	£1,040.00
Siobhan Ferris	817/02	6	£133.14	£133.14	£798.84	£133.14	£1,065.12
Brenda Campbell	860/02	6	£114.00	£114.00	£684.00	£114.00	£912.00
Barbara Smyth	878/02	4	£141.14	£141.14	£564.56	£141.14	£846.84
Margaret Cauley	970/02	7	£134.00	£134.00	£938.00	£134.00	£1,206.00
Jacqueline Moore	988/02	6	£138.00	£138.00	£828.00	£138.00	£1,104.00
Sally Ann Fleming	1009/02	4	£125.00	£125.00	£500.00	£125.00	£750.00
Susanne Roxborough	1154/02	4	£136.00	£136.00	£544.00	£136.00	£816.00
William Vauls	1155/02	3	£175.00	£175.00	£525.00	£175.00	£875.00

3. It was not clear from the evidence of the various applicants as to precisely what dates they claimed as being holidays, and what dates were claimed as being dates for which they were not paid. From the evidence and on the balance of probabilities the tribunal considers that it is more likely than not that they did not receive any payment for the week 17-21 December 2001 and 31 December 2001 to 4 January 2002. As the entitlement to net pay would be the same whether it is for days unpaid or for days of holiday pay, the tribunal does not consider it necessary to break down this category.
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

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Date and place of hearing: 12 November 2002, Belfast

Date decision recorded in register and issued to parties: