Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 942/06

CLAIMANT: Sheila Anne McKenna

RESPONDENTS: 1. Tim Papson also known as Tasos Papadoples

2. Redundancy Payments Branch

DECISION

It was the unanimous decision of the tribunal that it declares that the claimant is entitled to receive the sum of £351.65 in respect of her holiday pay due by the respondent.

Constitution of Tribunal:

Chairman: Ms Crooke

Members: Mrs Hughes

Mr Grant

Appearances:

The claimant appeared in person and represented herself.

The first respondent was not represented. The second respondent was represented by Mrs Kathleen Dobbin.

Preliminary Matters

With the agreement of all parties the tribunal changed the first respondent to Digital Images N Optics Ltd (in insolvency) and dismissed Tim Papson also known as Tasos Papadoples from the proceedings.

The Claim

The sole claim of the claimant that was left for determination by the tribunal was an entitlement to holiday pay. She informed the tribunal that all her other claims had been dealt with by the redundancy payments branch. Mrs Dobbin agreed that that was the only claim outstanding.

Sources of evidence

The tribunal had a bundle of payslips and tax documents before it and heard evidence from Mrs McKenna.

Facts found

1. Mrs McKenna was informed by a fellow worker in or around April 2006 that the respondent business was closing. This happened during her maternity leave. The claimant made efforts to speak to Mr Papson the director of the company but was shrugged off.
2. The claimant indicated in evidence that there was an understanding that she would be paid for four weeks holiday plus ten statutory days.
3. The claimant was absent on maternity leave from 19 December 2005 effectively through to the closing of the company in April 2006. During that period six statutory days elapsed. The claimant also indicated that the holiday year ran from January to December and that she had accrued one week's ordinary holidays in addition.
4. For the purpose of redundancy payments the claimant agreed that her nett weekly wage per week was £159.84, and from that the tribunal calculated that she would be entitled to £351.65 in respect of the 11 days of holidays for which she received no payment. Accordingly the tribunal declares that the claimant is entitled to receive the sum of £351.65 for her holiday pay.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 19 April 2007, Belfast.

Date decision recorded in register and issued to parties: