Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REFS: 785/07, 788/07;

789/07

CLAIMANTS: Bishan Singh Rawat

Sita Ram

Krishna Kumar Pandey

RESPONDENTS: 1. The Big Feast Ltd

2. David Mailk

3. Department of Employment & Learning,

Redundancy Payments Service

DECISION

It is the unanimous decision of the tribunal that the three claimants are entitled to receive the following sums:-

1. Mr Bishan Singh Rawat is entitled to £1,419.65 in respect of outstanding wages and holiday pay.
2. Mr Sita Ram is entitled to £1,587.01 in respect of wages and holiday pay.
3. Mr Krishna Kumar Pandey is entitled to £1,697.26 in respect of wages, holiday pay and notice pay.

The third respondent is ordered to pay these sums to the claimants.

Constitution of Tribunal:

Chairman: Ms Crooke

Members: Mrs Gilmartin

Mr Magennis

Appearances:

Each claimant appeared in person and represented himself.

The third respondent was represented by Mrs Kathleen Dobbin of the Redundancy Payments Service of the Department of Employment and Learning.

There was no appearance by the first and second respondent and no representation.

SOURCES OF EVIDENCE

The tribunal heard from each claimant and also had various payslips provided by each claimant and the application form of each claimant to the Department of Employment and Learning, Redundancy Payments Service.

THE CLAIM AND THE DEFENCE

Each claimant was claiming for unpaid wages and holiday pay, and Mr Pandey also claimed for notice pay.

THE FACTS FOUND

4. Mr Rawat worked for the first respondent as a senior waiter from in and around 5 August 2006 to in and around 15 January 2007.
5. The second claimant Mr Sita Ram worked for the first respondent as a sous chef from in and around 5 August 2006 to 15 January 2007.
6. The third claimant Mr Krishna Kumar Pandey was employed by the first respondent as a head waiter from in and around 5 August 2006 to 15 January 2007.

Mr Rawat and Mr Ram left employment with the first respondent on or around 15 January 2007 in protest at not receiving wages due. Mr Pandey stayed on with the first respondent until he was told in or around 16 January 2007 that the company was going into liquidation.

CONCLUSIONS

The tribunal concluded that the three claimants are entitled to the various sums due set out in the following paragraphs of this decision.

COMPENSATION FOR MR BISHAN SINGH RAWAT

The tribunal did not have any evidence of an exact monthly net wages figure for Mr Rawat and averaged the figures in the payslips that he presented to the tribunal to find an average monthly pay figure for the 8 weeks immediately preceding the termination of employment. Mr Rawat indicated that he was due to receive four weeks net pay for the period from 12 December 2006 to 12 January 2007. On the basis of the payslips provided the tribunal found an average net weekly wage of £202.81. From this the tribunal calculated the following sums were due:-

One lying week £ 202.81

Seven days of holiday pay accrue at the rate of 1½ per month £ 283.92

One month of unpaid wages from 12 December 2006 to

12 January 2007 £ 811.24

Three days of wages from 12 January to 15 January 2007 £ 121.68

TOTAL £1,419.65

COMPENSATION FOR MR SITA RAM

The tribunal used the same method of averaging the figures set out in the payslips provided by Mr Ram. Accordingly the tribunal found that Mr Ram had a net average weekly wage of £226.72. Accordingly from this it worked out that Mr Ram was entitled to receive the following payments:-

One lying week £ 226.72

Holiday pay for seven days at the rate of 1½ per day

for five months £ 317.40

One month's net wages from 12 December to 2006

12 January 2007 £ 906.86

Three days from 12 to 15 January 2007 £ 136.03

TOTAL £1,587.01

COMPENSATION FOR MR KRISHNA KUMAR PANDEY

Mr Pandey did not actually leave The Big Feast until he was informed that the company was going into liquidation. The tribunal calculated from his payslips that he was entitled to receive a net average weekly wage of £212.16. Accordingly from this the tribunal calculates and awards the following sums:-

One lying week £ 212.16

Holiday pay at the rate of seven days accrued at

1½ days per month £ 297.01

One week's notice pay as he was dismissed £ 212.16

One month's pay (£848.64) from 12 December 2006 £ 264.82

to 12 January 2007 - payment of £583.82

(which was dishonoured)

Net salary for month ending 12 January 2007 in respect

of which the cheque provided to Mr Pandey was returned

unpaid £ 583.82

Three days from 12 to 15 January 2007 £ 127.29

TOTAL £1,697.26

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 30 August 2007, Belfast.

Date decision recorded in register and issued to parties: