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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Moran v Charter House Property Management Ltd [2006] NIIT 520/06 (17 August 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/520_06.html
Cite as: [2006] NIIT 520/06, [2006] NIIT 520/6
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- The claimant complained that he was entitled to unpaid holiday entitlement for his period of employment having only taken three days paid holiday.
- The respondent resisted the claimant's claim on the basis he had received in excess of his paid holiday leave entitlement.
- Whether the claimant is entitled to a payment in lieu of leave?
- The tribunal having heard the evidence and considering the documentation before it found the following facts:-
- The Working Time Regulations (Northern Ireland) 1998 as amended provide at Regulation 13 that a worker is entitled in each leave year beginning on or after 23rd November 1999 to four weeks leave. For the purposes of the regulation the workers leave year begins, where there are where there are no provisions of a relevant agreement which apply, and if the worker's employment begins after 23rd November 1998, on the date on which that employment begins.
- Regulation 14 provides for compensation to be paid by the employer in lieu of leave where the worker's employment is terminated during the course of his leave year and the proportion of leave he has taken of the leave to which he is entitled in the leave year under regulation 13(1) differs from the proportion of the leave year which has expired.
- Applying the foregoing statutory provisions the tribunal is satisfied that:-
- For the proportion of the leave year worked the claimant was entitled to nine days paid leave under the Working Time Regulations (Northern Ireland) 1998.
- The claimant has received ten days paid leave during his period of employment with the respondent. The tribunal accepts evidence on behalf of the respondent that its office was closed on 29 August 2005 and for six days from 26 December to 2 January 2006 and pay slips produced show the claimant as having received full pay for these periods. The claimant's time sheets support the respondent's evidence that the claimant took holidays on 24 and 25 October 2005 and a letter from Ruth Moran to the respondent dated 23 March 2006 supports the claimant having taken leave on 23 December 2005 and pay slips show full payment having been received for October & November 2005.
CASE REF: 520/06
CLAIMANT: Thomas Micheal Moran
RESPONDENT: Charter House Property Management Ltd
The unanimous decision of the tribunal is that the claimant has received his full paid holiday entitlement under the Working Time Regulations (Northern Ireland) 1998 as amended, accordingly, his claim is dismissed.
Constitution of Tribunal:
Chairman: Ms M. Bell
Members: Ms Gilmartin
Mr Nicholl
Appearances:
The claimant did not appear.
The respondent was represented by Mr Kieran Smith Managing Director of the respondent company.
THE ISSUES
SOURCES OF EVIDENCE
The tribunal considered the claim, response, bundle of documentation furnished at hearing by the respondent, and heard evidence from Mr Kieran Smith Managing Director of the respondent company.
FINDING OF FACTS
(i) The claimant was an employee of the respondent.
(ii) The claimant was employed from 18 August 2005 to 31 January 2006 by the respondent.
(iii) There was no relevant agreement between the claimant and respondent in respect of leave entitlement.
(iv) The claimant was required to complete daily time sheets during his employment with the respondent.
(v) The respondent's office was closed for the August Bank Holiday on 29 August 2005 and the claimant received one days paid holiday for same.
(vi) The claimant took 24 and 25 October 2005 as holidays and received full pay in respect thereof.
(vii) The claimant took a holiday on 23 December 2005 and received full pay in respect thereof.
(viii) The respondent's office was closed on 26, 27, 28, 29, 30 December 2005 and 2 January 2006 for the Christmas period, during which time the claimant received full pay.
THE LAW
APPLICATION OF THE LAW AND FINDINGS OF FACT TO THE ISSUES
The tribunal is accordingly satisfied that the claimant has received his full leave entitlement under the Working Time Regulations(Northern Ireland ) 1998 and is not entitled to a payment in lieu of leave.
Chairman:
Date and place of hearing: 17 August 2006, Belfast.
Date decision recorded in register and issued to parties: