Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REFS: 1036/06

2531/06

CLAIMANT: Anna Herron

RESPONDENT: Leeanoy Limited

DECISION

The unanimous decision of the tribunal is that the claimant was unfairly dismissed and the respondent is ordered to pay her the sum of £6,916.79 compensation.

Constitution of Tribunal:

Chairman: Mrs A Wilson

Members: Mr I O'Hea

Mr F J E Dodds

Appearances:

The claimant appeared in person representing herself.

The respondent did not appear, nor was it represented. In any event the respondent had not entered a response to the claim and so under Paragraph 9 of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 was not entitled to take part in the proceedings.

The issues:

1. The claimant in her claim to an industrial tribunal, Case Reference No: 1036/06 complained of unfair dismissal and in addition claimed entitlement to notice pay and to holiday pay under a separate claim, Case Reference No: 2531/06.
2. In a default judgment issued on 17 October 2006 under Paragraph 8 of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005, a Chairman determined that the claimant was unfairly dismissed and so this tribunal proceeded to consider the claim in respect of notice pay and holiday pay and the remedy in respect of the unfair dismissal.

Findings of fact:

3. The tribunal found the following facts relevant for the purposes of these proceedings from the claimant's evidence, from documents handed in by the claimant and from the claim forms:-

(1) The claimant was employed in Video City at The Oaks Centre, Dungannon, from June 2004 until her employment was terminated on 16 May 2006.

(2) The claimant was a hardworking and trustworthy employee who during the course of her current leave year had one day off on paid holiday.

(3) An incident occurred at the claimant's place of employment on 13 May 2006 during which cash was stolen. The claimant reported this incident to her manager, Miss Catriona Hiles, and to the PSNI.

(4) On 16 May 2006, Mr Adrian McComb, an Assistant Director of the business, Mr Chris Caulfield, the Managing Director, and Miss Lisa Mitchell, a Tanning Consultant, called to Video City for the purpose of dismissing the claimant.

(5) The claimant was dismissed on this date without any investigation of the incident, without warning and without notice.

(6) The statutory procedures as set out in Part 1 of Schedule 1 to the Employment (Northern Ireland) Order 2003 applied in the circumstances of this case and the respondent failed to apply them.

(7) There was no suggestion of dishonesty on the part of the claimant.

(8) Following her dismissal, Mr Adrian McComb shook the claimant's hand, told her that she had been a good and reliable worker and offered to provide her with a reference should she ever need one.

(9) The claimant's weekly pay based on her earnings during the last 12 weeks of her employment was £164.74.

(10) The claimant received no pay in lieu of notice.

(11) The claimant's leave year commenced on the anniversary of the date of commencement of her employment. She had taken one day paid holiday during the current leave year.

(12) The claimant received the sum of £221.00 in respect of holiday pay following the termination of her employment.

(13) The claimant remained unemployed from the date of her dismissal until October 2006. In October 2006 she commenced part-time employment working 18 hours per week at an hourly rate of £5.35.

(14) The claimant applied for but did not receive Jobseeker's Allowance.

The award:

4. The award is calculated using the following:-

Total pay for 12 weeks prior

to dismissal = £1,978.96

£1,978.96 ÷ 12 = £ 164.91

Weekly pay is = £ 164.91

Daily pay is = £ 32.98

Holiday pay

20 days ÷ 12 x 11 = 18.33 days

Less one day taken = 17.33 days

17.33 x £32.98 = £ 571.54

Less £221.00 paid June 2006 = £ 350.54 due

Pay in lieu of notice

Pay in lieu of notice – one week = £ 164.91

Basic award:

The claimant was aged 37 at the date of dismissal giving a multiplier of one and the claimant had two years employment:-

£164.91 x 2 = £ 329.82

Compensatory award:

Loss of earnings (21 weeks from 16 May 2006 until mid-October 2006)

£164.91 x 21 = £3,463.11

Difference in pay received mid-October 2006 until date of tribunal (26 weeks)

(18 hours per week @ £5.35 an hour £96.30 currently as opposed to £164.91 previously)

£164.91 - £96.30 = £ 68.61

£68.61 x 26 = £1,783.86

Amount payable under Article 130A of the Employment Rights (Northern Ireland) Order 1996.

£164.91 x 4 = £ 659.64

The tribunal further award the amount of £164.91 in respect of loss of statutory entitlement.

Total amount of compensation due = £6,916.79

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

Chairman:

Date and place of hearing: 23 April 2007, Belfast

Date decision recorded in register and issued to parties: