Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Ditty v Cousins t/a Mallusk Accident & Repair Centre [2007] NIIT 1658_05 (8 February 2007
URL: http://www.bailii.org/nie/cases/NIIT/2007/1658_05.html
Cite as: [2007] NIIT 1658_5, [2007] NIIT 1658_05

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1658/05

CLAIMANT: James Ditty

RESPONDENTS: 1. Nigel Cousins t/a Mallusk Accident & Repair Centre

2. Department of Employment and Learning.

DECISION

The unanimous decision of the tribunal is that the first respondent shall pay to the claimant the sum of £689.64 in respect of holiday pay and £84.00 in respect of outstanding wages, making £773.64 in total. 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 a payment by way of redundancy payment and notice pay had been made. Accordingly, those claims were dismissed. He claimed outstanding wages and accrued holiday pay.

2. As regards holidays his entitlement ran from January to December. He had six days carried over from 2004 to 2005. Those days had been taken. He had 15 days plus statutory holidays per annum accruing at the rate of two days per month. On this basis as against the first respondent the claimant had accrued 16.42 days holiday as at the time of his dismissal, namely 5 September 2005. His weekly rate of pay was £210.00 or £42.00 per day. Accordingly as against the first respondent he is entitled to 16.42 x £42.00 = £689.64. 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 on the date on which the first respondent became insolvent, namely 28 April 2006.

3. The claimant's evidence, accepted by the tribunal, was that he had not been paid for the last two days of his final week which he worked. Accordingly he was entitled to two days pay at the rate of £42.00 per day amounting to £84.00.

4. Recoupment

No question of recoupment arises.

5. Interest

This is 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: