Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2503/06

CLAIMANT: George Ferguson

RESPONDENT: Brian Stewart

DECISION

The unanimous decision of the tribunal is that:-

The respondent is ordered to pay the claimant the sum of £6,095.10.

Constitution of Tribunal:

Chairman: Mr Travers

Panel Members: Ms McNulty

Mr Wilkinson

Appearances:

The claimant appeared in person.

The respondent did not attend and was not represented.

REASONS

ISSUES

1. On 19 January 2007, the claimant's complaints of unauthorised deductions from wages, holiday pay and unfair dismissal for redundancy were upheld. A default judgement was entered against the respondent on 19 January and the issue of remedy was adjourned to this hearing.

FACTS

2. The claimant was born on 07/02/42. He commenced employment with the respondent in April 1993 and the date of his dismissal was 08/08/06. The claimant was dismissed without notice.
3. The claimant's basic pay was £292.90 gross. His net weekly pay was £233.40.
4. At the date of his dismissal he had accrued an entitlement to 5 days holiday pay.
5. The claimant was paid one week in arrears from the outset of his employment. At the date of dismissal, the respondent failed to pay the claimant in respect of that outstanding weeks pay.

LAW

6. Article 118(1)(c) of the Employment Rights (Northern Ireland) Order 1996 ["ERO"] provides that the notice required to be given by an employer to terminate the contract of a person who has been continuously employed for more than twelve years is not less than twelve weeks.
7. Compensation for unfair dismissal comprises a basic award and a compensatory award. Article 153 ERO sets out the method of calculation for the basic award. The claimant is entitled to 1½ weeks gross pay in respect of each completed year of employment. Articles 153(4) and (5) provide that where a claimant is over 64 years of age at the effective date of termination of the contract of employment, the award shall be reduced by 1/12^th in respect of each whole month by which the claimant exceeds 64 years of age.
8. At the date of the claimant's dismissal, the amount of a week's gross pay which counted towards a basic award was capped at £290.
9. Article 157 ERO sets out the basis for calculation of the compensatory award.
10. Article 45 ERO sets out the right of a worker not to suffer unauthorised deductions from his wages.

CONCLUSION

11. At the date of dismissal on 08/08/06, the claimant had completed 13 whole years of employment. He was then aged sixty-four years and six months old. He is entitled to a basic award of £2,827.50 which is calculated as follows:-

13 years service x 1.5 weeks = 19.5 weeks

19.5 x £290 = £5,655

£5,655 x (6/12) = £2,827.50

12. The claimant was dismissed without notice. He is entitled to a compensatory award of £2,800.80 in respect of pay in lieu of notice. This is calculated as follows:-

£233.40 per week x 12 weeks = £2,800.80

13. The claimant was paid one week in arrears. The respondent has made an unauthorised deduction of wages by reason of his failure to pay to the claimant the weeks pay in arrears which was outstanding at the date of termination of the contract. The claimant is entitled to £233.40 in respect of the outstanding wages.
14. The claimant is entitled to be paid £233.40 in respect of the 5 days accrued holiday pay which was outstanding at the date of his dismissal.
15. The respondent is ordered to pay to the claimant a total of £6,095.10.
16. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 22 March 2007 at Belfast.

Date decision recorded in register and issued to parties: