Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REFS: 259/03

291/03

APPLICANTS: Sarah Frazer

Peter Booth

RESPONDENTS: 1. M & G Sales & Marketing Limited (In Liquidation)

2. Redundancy Payments Service

DECISION

The unanimous decision of the tribunal is that the claims of the applicants (except the second applicant's claims for expenses) are well-founded and the second respondent is ordered to pay the sums set out in the body of the decision.

Appearances:

Both applicants appeared in person and represented themselves.

The first respondent did not appear and was not represented.

The second respondent was represented by Mr P Curran, Redundancy Payments Service.

Summary Reasons

The tribunal found the following facts.

1. The first respondent ceased to trade on 27 November 2002 without any prior notice.

The first respondent was wound up by Order of the High Court of Justice in Northern Ireland on 1 May.

2. The first applicant claimed a redundancy payment, a payment in lieu of notice and one month's unpaid wages.
3. The tribunal found that at the date of termination she was 30 years of age and had nine completed years of service. The appropriate multiplier is therefore 8.5. This applicant is entitled to receive a redundancy payment calculated as follows:-

Weekly Statutory Maximum Gross Wage x 8.5

The tribunal also found that she had not received her wages for the month ending 27 November 2002 in the sum of £1,031.80.

The tribunal found she was entitled to a payment in lieu of notice calculated as follows:-

£238.11 (note: weekly wage) x 9 being completed years of service = £2.142.99

The second respondent is ordered to pay these sums to this applicant.

4. The tribunal found that Mr Booth was forty-two years of age at the date of termination of employment and had three completed years of service, entitling him to a multiplier of 3.5, and a redundancy payment calculated as follows:-

Statutory Maximum Gross Weekly Wage at time of termination x 3.5

The tribunal also found that he was entitled to receive:-

one month's unpaid wages at termination being £934.03;

his payment in lieu of notice of three weeks computed as follows:-

£215.55 x 3 = £646.65

his payment in lieu of 14 days untaken holidays at termination:-

£215.55 x 2.8 = £603.54

5. The tribunal did not find the claim for expenses well-founded as no evidence of entitlement and no vouching were produced to the tribunal.
6. Summary of compensation:-

Sarah Frazer Peter Booth

Redundancy Payment Redundancy Payment

One month's unpaid wages £1,031.80 £ 934.03

Notice £2,142.99 £ 646.65

Holiday Pay -- £ 603.54

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

Chairman:

Date and place of hearing: 18 October 2004, Belfast

Date decision recorded in register and issued to parties: