Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Blair v Cousins (t/a Mallusk Accident & Repair Centre) [2007] NIIT 1582_05 (27 April 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/1582_05.html
Cite as: [2007] NIIT 1582_5, [2007] NIIT 1582_05

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1594/05

CLAIMANT: Andrew Blair

RESPONDENTS: 1. Nigel Cousins t/a Mallusk Accident & Repair Centre 2. Redundancy Payments Service

DECISION

The unanimous decision of the Tribunal is that the first named respondent shall pay to the claimant the sum of £601.58 in respect of holiday pay. The claimant's claims in respect of a claim for notice pay and redundancy are dismissed.

Constitution of Tribunal:

Chairman: Mr S A Crothers

Panel Members: Mr J McAuley

Ms T Madden

Appearances:

The claimant represented himself.

There was no appearance by or on behalf of the first respondent.

The second respondent was represented by Ms C. Dobbin.

REASONS

1. The claimant had originally claimed a redundancy payment and notice pay. He gave evidence before the Tribunal together with Ms Dobbin on behalf of the second named respondent. The claimant has already been paid a sum of £560.00 in respect of redundancy and £1,312.74 in respect of notice pay by the second named respondent and these claims are accordingly dismissed.

2. The claimant's evidence, which the Tribunal accepted, was that his holiday entitlement ran from 1 January to 31 December in the relevant year. He was entitled to 15 days holidays plus statutory holidays accruing at two days per month throughout the year. On this basis he had accrued a total of 16.34 days holiday prior to his dismissal on 5 December 2005. He carried over two days from the previous year but these were absorbed in leave he took between 10 and 14 January 2005 and again on 31 January 2005.

3. The Tribunal finds that the claimant is, as against the first respondent, entitled to 12.34 days. His evidence was that his net weekly pay was £243.75 or £48.75 per day. This amounts to a total of £601.58. However, the situation as against the second respondent is governed by the provisions of Articles 229 and 230 of the Employment Rights (Northern Ireland) Order 1996 and his entitlement would extend only to holiday pay accrued during the 12 months ending with the date on which the first respondent became insolvent, namely 28 April 2006.

4. Recoupment

No question of recoupment arises.

5. Interest

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

Chairman:

Date and place of hearing: 5 April 2007.

Date decision recorded in register and issued to parties: