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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Maddox v Cousins (t/a Mallusk Accident & Repair Centre) [2007] NIIT 1622_05 (8 February 2007
URL: http://www.bailii.org/nie/cases/NIIT/2007/1622_05.html
Cite as: [2007] NIIT 1622_5, [2007] NIIT 1622_05
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1622/05
CLAIMANT: Bill Thomas Maddox
RESPONDENTS: 1. Nigel Cousins t/a Mallusk Accident & Repair Centre 2. Redundancy Payments Service
DECISION
The decision of the tribunal is that the claimant be paid the sum of £88.00 in respect of outstanding wages. The claims for redundancy payment and notice pay are dismissed.
Constitution of Tribunal:
Chairman (sitting alone): Mr Davey
Appearances:
The claimant appeared in person.
There was no appearance by or on behalf of the first respondent.
The second respondent was represented by Ms P Baird.
1. Reasons
The claimant accepted that he had received redundancy pay and notice pay and accordingly those claims were dismissed. He was not claiming any outstanding holiday pay. He sought payment of outstanding wages in respect of the Thursday and Friday for the week prior to the termination of his contract of employment.
2. The claimant's evidence was that he had not been paid for these two days and the tribunal accepted this evidence. The claimant also sought payment for the Monday on which his contract had been terminated. The contract had been terminated first thing and in these circumstances the tribunal considered that the contract of employment was not operative during the Monday. The claimant's evidence was that his net weekly pay was £220.00 per week or £44.00 per day
The claimant is therefore entitled to two days pay at £44.00 per day or £88.00.
Recoupment
No question of recoupment arises.
Interest
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 December 2006, Belfast
Date decision recorded in register and issued to parties: