Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 2588/06

CLAIMANT: Amy Colby

RESPONDENT: Rentokil Initial UK Cleaning Ltd

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to unpaid holiday pay of £70.77. The claimant's claim for notice pay is dismissed following withdrawal by the claimant.

Constitution of Tribunal:

Chairman: Ms F Oliver

Members: Mr J Smyth

Mr G Hunter

Appearances:

The claimant appeared and was represented by Mr Steele of Messrs McGuinness and Canavan, Solicitors.

The respondent did not appear and was not represented.

ISSUES

1. The issue for the tribunal was whether the claimant was entitled to holiday pay. The claimant withdrew her claim to notice pay on the basis that she had received an award for unfair dismissal which included one week's notice.

EVIDENCE

2. The tribunal decided to dispose of the proceedings in the absence of the respondent, pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

3. The tribunal heard evidence from the claimant and considered the originating claim of the claimant. The respondent did not lodge a response.

FACTS FOUND

4. The claimant was entitled to three day's holiday pay at the date of dismissal. Her net pay was £117.93 per week giving a daily rate of £23.59.

DECISION

5. The claimant is entitled to £70.77 in respect of holiday pay.

Chairman:

Date and place of hearing: 22 February 2007, Londonderry.

Date decision recorded in register and issued to parties: