Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 5247/03

CLAIMANT: Rachel Marianne O'Kane

RESPONDENTS: 1. Northland Early Years Centre Limited

2. Department for Employment & Learning

DECISION

The unanimous decision of the tribunal is that the claimant was dismissed by reason of redundancy and is entitled to payments in respect of redundancy, holiday pay, notice pay and unpaid wages.

Appearances:

The claimant attended and represented herself.

The first-named respondent was represented by Mrs Kulus.

The second-named respondent was represented by Mr P. Curran.

1. An oral judgement (along the lines of what is set out below but with slightly more detail here) was delivered on 4 May 2005 and the right was reserved to expand upon it in the event of a written judgement being required.
2. The issues were whether the claimant, Miss O'Kane, was entitled to a redundancy payment, to holiday pay, to notice pay and to unpaid wages up to 11 July 2003 (from 1 July 2003).
3. It was accepted by the parties that the claimant had been dismissed by the company on 11 July 2003, by reason of redundancy because the first-named respondent had stopped trading on that date.
4. No issues were taken with regard to the claimant's entitlement to holiday pay, notice pay and unpaid wages.
5. The unanimous decision of the tribunal was that the claimant was dismissed by reason of redundancy is entitled to payments in respect of redundancy, holiday pay, notice pay and unpaid wages.
6. Article 170 of the Employment Rights Order provides that an employee is entitled to a redundancy payment if dismissed by reason of redundancy. Article 190 of the Order provides that to be eligible for a redundancy payment the employee must have at least two years' continuous service. The claimant had five complete years of service.
7. The claimant was aged twenty six on the date of dismissal and was, therefore, entitled, under Article 197 of the Order, to four and one half weeks' gross pay at £178.50 per week, making in total £803.25. (The £178.50 was made up by multiplying the national minimum wage of £4.20 per hour at the date of dismissal on 11 July 2003 by 43.5, which was the number of hours worked by the claimant under the terms of her contract with the company).
8. The claimant was entitled to twenty days' leave (including public/bank holidays) under her contract of employment. It was agreed that on the dismissal date she was entitled to five days leave. She was entitled to £156.00 (net pay, based on the national minimum wage at the appropriate time).
9. Under Article 118 of the Order the claimant was entitled to five weeks' notice (she had five full years' service. Her award, therefore, was five weeks at £156.00 (net wages), making a total of £780.00.
10. The claimant was also entitled to nine days' wages (from 1 July – 11 July inclusive) at £156.00 per week (net wages), making a total of £281.00.
11. In total the claimant was entitled to £2,020.25 made up as follows, £803.25 in respect of redundancy, £156.00 in respect of holiday pay, £780.00 in respect of notice pay and £281.00 in respect of unpaid wages.
12. The parties were informed that the interest provisions applied.

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

Chairman:

Date and place of hearing: 4 May 2005, Belfast.

Date decision recorded in register and issued to parties: