Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Sanlon v Cousins t/a Mallusk Accident & Repair Centre [2007] NIIT 1639_05 (8 February 2007
URL: http://www.bailii.org/nie/cases/NIIT/2007/1639_05.html
Cite as: [2007] NIIT 1639_5, [2007] NIIT 1639_05

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1639/05

CLAIMANT: Mark Sanlon

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 respondent shall pay to the claimant the sum of £1,372.68 in respect of holiday pay and £378.00 in respect of outstanding wages, making £1,750.68 in total.

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. The claimant indicated he had received his redundancy pay and notice pay and accordingly those claims are dismissed. The claimant had claimed holiday pay and sought to claim outstanding wages as well. He stated that in his originating claim, in referring to completing and returning all outstanding paperwork he had intended to refer to all matters arising out of the abrupt termination of his contract of employment. The tribunal accepted that this was the intention, that no prejudice had been caused, and that, in so far as was necessary, the time for including such a claim should be extended.

2. As regards holiday pay the claimant's evidence, which the tribunal accepted, was that he had been ‘on the sick' the previous year and his entire holiday entitlement of 15 days plus statutory holidays (24 days accruing at two days per month), had been carried over to 2005. He had taken 15 days holiday in July 2005 but was still due a further 15 days plus outstanding statutory holidays.

3. As against the first respondent the claimant appeared to be entitled to 25.42 days holiday pay. His evidence was that his weekly wages net were £270.00 per week or £54.00 per day. Accordingly he is entitled, as against the first respondent, to the sum of £1,372.68. As against the second respondent the position would be governed by the provisions of Articles 229 and 230 of the Employment Rights (Northern Ireland) (Order 1996) (as amended) 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. As regards outstanding wages the claimant's evidence, which the tribunal accepted was that the claimant had not been paid for his last week of employment and for the final two days of the week prior to that. Accordingly he was entitled to some by way of outstanding wages amounting to seven days at £54 per day = £378.00.

5. Recoupment

No question of recoupment arises.

6. Interests

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: