Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 1142/06

1159/06

CLAIMANTS: Donna Cooke

Marie Regina June Burns

RESPONDENTS: 1. Leo Hegarty

2. Department of Employment and Learning

DECISION

The decision in respect of the claim by Marie Regina June Burns is reserved pending the outcome of further investigations by the claimant.

The decision of the tribunal is that the claimant (Donna Cooke) is entitled to compensation in the sum of £1,242.75 for redundancy, holiday pay, notice pay and arrears of pay.

Constitution of Tribunal:

Chairman: Ms F Oliver

Members: Mr Kearney

Mrs Cummins

Appearances:

The claimant was unrepresented and attended the hearing.

The first respondent was unrepresented and did not attend.

The second respondent was represented by Ms Patricia Baird.

The first respondent had been notified of the date of hearing and did not attend, without explanation.

The tribunal decided to dispose of the proceedings in the absence of the parties, pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

The claimant gave oral evidence. The tribunal also considered the originating claim form and the various documents provided by the claimant and the second respondent.

The first respondent was declared bankrupt on 22 May 2006.

The claimant's employment was terminated on 8 June 2006.

The claimant's date of birth was 22 December 1970 and at the effective date of termination, she had five years of employment with the respondent. The claimant was receiving £126.25 gross weekly. The claimant is entitled to £631.25 in respect of redundancy pay.

The claimant was entitled to 21 days annual leave and at the date of bankruptcy she had accrued 2.94 days holiday. This equates to a net amount due of £56.00.

On the basis of her qualifying years of service, the claimant was entitled to five week's notice pay. However the claimant obtained employment on 26 June 2006 and is therefore entitled to two weeks and two day's notice pay which amounts to £303.00.

The claimant had worked a lying week at the start of her employment and is entitled to £126.25 in respect of the lying week which the tribunal holds was due at the date of bankruptcy.

The claimant is entitled to one week's wages for the final week of work ending on 8 June 2006 being £126.25.

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

Chairman:

Date and place of hearing: 15 June 2007, Belfast

Date decision recorded in register and issued to parties: