Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 866/06

CLAIMANT: Nicola Wallace

RESPONDENT : Bill Harbinson T/A Kookai

DECISION ON APPLICATION FOR REVIEW

The decision of the Industrial Tribunal is that the claimant is entitled to holiday pay by virtue of Regulation 3 of the Working Time (Amendment) Regulations (Northern Ireland) 2002. The claimant is entitled to five days holiday pay at the rate of £37.45 (gross) making a total of £187.29 (gross) and the respondent is ordered to pay this amount to the claimant.

Constitution of Tribunal:

Chairman: Miss E McCaffrey

Members: Mr S Kearney

Mrs M Galloway

Appearances:

The claimant appeared in person

The respondent did not appear and was not represented.

1. This was a review of a decision of the Industrial Tribunal issued to the parties on the 5^th of December 2006 whereby the tribunal declined to make an order for holiday pay in favour of the claimant due to the provisions of Regulation 13 (7) of the Working Time Regulations (Northern Ireland) 1998, because the claimant had not been employed for 13 weeks before she was dismissed. At the time of making that decision, the tribunal was not aware that Regulation 13 (7) of the 1998 Regulations had been amended by Regulation 3 of the Working Time (Amendment) Regulations (Northern Ireland) 2002 so that there is no longer any requirement for a claimant to have worked for at least 13 weeks before becoming entitled to holiday pay.
2. Accordingly the tribunal issued a Notice of Intention to Review on the 16^th of March 2007 with a view to reviewing its decision.
3. At the review hearing the respondent did not appear. The claimant clarified that she had in fact worked a 5 day week for the respondent and produced copies of her pay slips which indicated that she had normally worked 7-8 hours a day for 5 days a week. Accordingly it is the tribunal's finding that the claimant worked on average a 35 hour week, her hourly rate of pay was £5.05 per hour and her pay slips confirm this.
4. The claimant had worked for the respondent for 12 weeks which means that she was entitled to 23% of her annual leave entitlement. The claimant had not received any written contract of employment and the only indication she had had in relation to her leave entitlement was a conversation with the General Shop Manager who had told her that she would have 4 weeks per year leave . Accordingly the tribunal finds that the claimant's leave entitlement was 4 weeks per year paid holiday in accordance with her entitlement under the Working Time Regulations (Northern Ireland) 1998. 23% of 4 weeks holiday can be calculated as 4.6 days leave, which is to be rounded up as 5 days leave due to the claimant.
5. On the basis of the claimant's average working week, her gross pay per week should have been £187.25 per week (35 hours @ £5.05 per hour = £187.25). This works out at a daily rate of £37.45 per day gross. Accordingly the tribunal awards the claimant the sum of £187.25 in respect of holiday pay and the respondent is ordered to pay this amount to the claimant.

Chairman:

Date and place of hearing: 6^th June 2007, Belfast.

Date decision recorded in the register and issued to parties: