Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

Case Ref No: 748/03

APPLICANT: Sarah Mooney

RESPONDENT: Kevin McShane t/a Belvedere Residential NursingHome

DECISION

The unanimous decision of the tribunal is that the applicant was unfairly dismissed and is entitled to compensation as set out below in respect of unfair dismissal. She is also entitled to two weeks pay in respect of not having been provided with written reasons for dismissal (under Article 124 of the Employment Rights (Northern Ireland) Order 1996. The applicant is also awarded a further two weeks pay for the respondents breach of Article 12 of the Employment Relations (Northern Ireland) Order 1999 in that her application to be accompanied at the Disciplinary hearing was refused by the respondent. The applicant is also entitled to 4 days holiday pay being calculated at 4/5 of her average week's wage of £84.00. Details of the compensation awarded are set out below.

Appearances

The applicant was represented by Mr McKee Barrister-at-law instructed by Richard M Redman, Solicitors.

The respondent was not represented and did not appear at the hearing but submitted a letter from his solicitor Rosemary Connolly.

Decision of the Tribunal given in summary form

1. The applicant was born on 30 March 1938 and was employed by the respondent from October 1996 to the date of her dismissal namely 9 December 2002.
2. The respondent admitted in the letter from his solicitor that whilst he felt that he had a substantial and a fair reason for dismissing the applicant that none the less he conceded that there were procedural deficiencies attached to the manner of that dismissal and accordingly he admitted that the dismissal was unfair.
3. The respondent drew attention to the fact that the applicant reached her 65^th birthday on 30 March 2003. The dismissal of the applicant occurred on 9 December 2002. It was a summary dismissal and the Tribunal was given no reasonable explanation as to why such dismissal should have been carried out in a summary way after the applicant had worked for the respondent for a number of years without previous complaint or warning.
4. The respondent conceded that it had not provided written reasons for the dismissal when requested to do so by the applicant and therefore conceded that two weeks pay would be awarded in that respect.
5. The Tribunal find the applicant worked an average of 20 hours per week at the rate of £4.20 per hour £84.00 per week. The applicant paid no tax and so her gross pay was the same as her net pay.
6. The respondent also admitted that £504.00 being 6 weeks pay should be paid to the applicant in lieu of notice.
7. The Tribunal award the applicant a further 10 weeks wages to take her up to her retirement date of 30 March 2003 at £84.00 per week this amounts to £840.00. No award was made in respect of loss of Statutory Rights bearing in mind the applicant's age.
8. The Tribunal therefore award to the applicant the following sums:

8.1. Failure to provide written reasons for dismissal £

2 weeks pay @ £84.00 per week 168.00

8.2. Failure to allow the applicant to be accompanied

to the Disciplinary hearing 2 weeks pay @ £84.00 168.00

8.3. Four days holiday due 67.20

8.4. Compensation for Unfair Dismissal:-

8.4.1. Basic Award - 9 weeks pay (being 6 x 1½ weeks) –

£756.00 Less 4/5 thereof (see Article 153(4) and (5) of

The Employment Rights (Northern Ireland) Order

1996 because of age of applicant)

. £756 x 4/5 = £604.80

£756 - £604.80 151.20

8.4.2. Compensatory Award – 6 weeks notice from

9 December 2002 at £84.00 per week 504.00

10 weeks wages thereafter to 30 March 2003

being the applicant's 65^th birthday @ £84.00 per week 840.00

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Total: £1,898.40

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

Chairman

Date and place of hearing: 19 January 2004, Belfast.

Date decision recorded in register and issued to parties: