Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Johnston v Cousins (t/a Mallusk Accident & Repair Centre) [2007] NIIT 1701_05 (08 February 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/1701_05.html
Cite as: [2007] NIIT 1701_05, [2007] NIIT 1701_5

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1701/05

CLAIMANT: Stephen Johnston

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 £350.00 in respect of outstanding wages. The claims for redundancy payment, holiday pay 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 payment of his redundancy payment. Accordingly his claim for redundancy payment was dismissed. As regards notice pay he had obtained alternative work. Article 120 of the Employment Rights (Northern Ireland) (Order 1996) (as amended) provides that notice pay is payable where the employee is ready and willing to work. As the claimant was working else where this condition is not satisfied. Accordingly the claim for notice pay is dismissed. The claimant accepted that the claim for redundancy payment should be dismissed also. The claimant sought leave to raise the matter of outstanding wages. These had not been raised originally but had been raised in correspondence with the Department of Employment and Learning within a matter of weeks of the termination of his employment and following inability to obtain any information from the first respondent. In the circumstances the tribunal extended the time for making the claim.

2. As regards outstanding wages the claimant's evidence, which the tribunal accepted, was that when he had originally been employed by the Ballyrobert garage which had been taken over by the first respondent he had worked a ‘lying week' and had never received payment of this. He had no other claim for outstanding wages. Accordingly the claimant is entitled to one week's wages. As at the time of the termination of his contract his weekly take home pay was £350.00 and the claimant is entitled accordingly.

3. As regards holiday pay the claimant indicated that the arrangement for employees who had originally come from Ballyrobert was the holiday year April to April. His holiday entitlement was 25 days including statutory holidays accruing at the rate 2.08 days per month. The claimant had taken 13 days holiday during the summer and in August. During the course of the holiday year commencing April 2005 he had accrued 8.75 days and had taken 13. Accordingly no entitlement to holiday pay arises.

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: 7 December 2006, Belfast

Date decision recorded in register and issued to parties: