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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Walker v Dundee Autos Ltd & Anor [2004] NIIT 8916_03 (29 March 2004)
URL: http://www.bailii.org/nie/cases/NIIT/2004/8916_03.html
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- The originating application of the applicant alleged that the applicant was dismissed without notice as a result of redundancy and was owed monies for holiday pay, pay in lieu of notice and in respect of the redundancy. The respondents had failed to enter a notice of appearance or attend at the hearing. The tribunal in reaching its decision considered the originating application, the oral evidence of the applicant and documentation furnished to the tribunal by the applicant.
- From the evidence presented the tribunal made the following findings of fact:
- The first named respondent employed the applicant (DOB 8 April 1972) from 18 August 1997 until 21 May 2003 as an assistant accountant. There was a written statement of terms and conditions of employment. The applicant had returned from maternity leave in April 2003 on a part-time basis. This was to be a temporary arrangement until end of June 2003. Accordingly at the time of the applicant's dismissal her weekly rate of nett pay was £187.60 and the weekly gross rate of pay was £230.40.
- On 21 May 2003 the applicant reported to work, having had a day's annual leave on 20 May 2003, and found the gates to her place of employment locked. The applicant discovered that the first named respondent informed all the employees at work on 20 May 2003 that their employment was terminated with immediate effect as the business was ceasing to trade. The applicant received in her final pay packet a sum of money, which reflected wages due up to, and including the end of May 2003.
- The applicant received no written communication from her employer and on 18 September 2003 requested all payments due from her employment in respect of the termination of her employment.
- The applicant's annual contractual holiday entitlement was 20 days annual leave and 8 statutory days. In the year 2003/2004, prior to the termination of the applicant's employment she had taken 1 day of annual leave and three statutory days. The annual leave year ran from January to December.
- The tribunal concluded that the applicant's dismissal satisfied the requirements of Article 174(1)(a) of the Employment Rights (Northern Ireland) Order 1996. The applicant also satisfied the provisions of Article 199(1)(c) of the Employment Rights (Northern Ireland) Order 1996. The relevant date for the purposes of redundancy payment is 21 May 2003. Accordingly under Article 197 of the Employment Rights (Northern Ireland) Order 1996 the applicant is entitled to £1,152.00.
- The first named respondent is also ordered to pay to the applicant three weeks gross pay amounting to £691.20 in respect of the first named respondent's breach of contract in terminating the applicant's employment without notice. This award reflects that the first named respondent had paid the applicant her salary for an additional week after the termination of her employment on 21 May 2003.
- The applicant had returned to work in April 2003 from maternity leave. It appeared to the tribunal that in light of the provisions of Regulation 13 and 14 of the Working Time Regulations (Northern Ireland) 1998 the applicant had accrued entitlement amounting to 10.4 days of annual leave. The applicant had availed of four days leave since her return to work from maternity leave. In light of the provisions of Regulation 16 of the Working Time Regulations (Northern Ireland) 1998 the tribunal determined that the applicant is entitled to a payment of £276.48 under Regulation 14(2).
- The applicant made no claim in respect of Jobseeker's Allowance or Income Support and accordingly the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations (Northern Ireland) 1996 to not apply.
- This decision is a relevant decision under the Industrial Tribunals (Interest) (Northern Ireland) Order 1990.
CASE REF: 8916/03
APPLICANT: Karen Leslie Walker
RESPONDENTS: 1. Dundee Autos Ltd
2. Kenneth H Dundee
The unanimous decision of the tribunal is that the applicant was dismissed by reason of redundancy. Further the applicant's dismissal without notice was in breach of her contract of employment. The applicant is entitled to compensation in respect of entitlement to leave under the Working Time Regulations (Northern Ireland) 1998. The first named respondent is therefore ordered to pay to the applicant the sum of £2,119.68.
The second named respondent is dismissed from the proceedings.
Appearances:
The applicant represented herself.
There was no appearance either by or on behalf of either of the respondents.
This Decision is given in summary form.
Chairman:
Date and place of hearing: 29 March 2004, Belfast.
Date decision recorded in register and issued to parties: