Industrial Tribunals Northern Ireland Decisions

 


Hayes v Ramsey (Unfair Dismissal) [2002] NIIT 2637_01 (24 January 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 2637/01

APPLICANT: Denis Hayes

RESPONDENT: John Ramsey

T/A Ramcon Contracts

DECISION

Summary Reasons

It is the unanimous decision of the tribunal that the applicant was unfairly dismissed and the respondent is ordered to pay £4545.04 to him in compensation.

Appearances:

The applicant was represented by Mr Doherty of G R Ingram & Co, Solicitors.

The respondent was not represented, did not appear and did not enter any notice of appearance.

The tribunal found the following facts:-

1. The applicant who had two completed years of service at the time of dismissal was dismissed by the respondent as a result of a dispute over pay. The applicant was simply told to leave the respondent's workplace immediately. He did not receive any notice, or payment in lieu of notice, but he subsequently received outstanding holiday pay and payments due in respect of lying days. The tribunal finds that this dismissal was unfair certainly on procedural grounds as there was no disciplinary procedure followed or appeal granted, and more likely than not on substantive grounds as the respondent has not discharged its burden of proof in proving what was the reason for the dismissal by the respondent as, there has simply been no response to the applicant's originating application.
2. Calculation of Compensation

At the time of dismissal the applicant was forty four years of age and had two completed years of service. The calculation of the basic award is as follows:

Gross weekly wage (subject to the statutory maximum) of £240.00 x 3 which is the applicable multiplier bearing in mind the completed years of service and the age at the date of dismissal.

£240 x 3 = £720.00

The basic award equals £720.00.

3. Calculation of Compensation (Immediate Loss)

The applicant indicated that he was without work from 16 June 2001 to 27 September 2001 inclusive. The tribunal finds that the immediate loss period is the period from 16 June 2001 to 27 September 2001 which is a period of fifteen weeks. The applicant's immediate loss is therefore his net weekly wage of £213.00 x 15. Total immediate loss is £3195.00. The tribunal found that the applicant was in receipt of benefit for an aggregate of periods totalling eight weeks.

4. Calculation of Compensation (Future Loss)

The applicant submitted that he would take at least six months to obtain a job that was comparable to his old job in terms of remuneration. He however has been successful in mitigating his loss in that he has obtained a job commencing on 28 September 2001 which pays the weekly net wage of £196.42 giving a continuing loss differential of £16.54 per week. Therefore we are awarding the applicant in respect of his future loss as follows:-

£16.54 x 26 weeks = £430.04

5. Calculation of Compensation (Loss of Statutory Industrial Rights)

The tribunal awards the applicant the sum of £200.00

6. The applicant did not have any other losses for which he required compensation by the tribunal.
7. Summary of compensation

Basic Award £ 720.00

Immediate Loss £ 3195.00

Future Loss £ 430.04

Loss of Statutory Rights £ 200.00

Total £4545.04.

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

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Date and place of hearing:

Date decision recorded in register and issued to parties: 24 January 2002