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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McClory v Tikki Cafe [2008] NIIT 824_08IT (27 October 2008)
URL: http://www.bailii.org/nie/cases/NIIT/2008/00824.html
Cite as: [2008] NIIT 824_8IT, [2008] NIIT 824_08IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 824/08
CLAIMANT: Sarah Theresa McClory
RESPONDENT: Daniel Magennis T/A Tikki Cafe
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment of £2,704.80 and notice pay of £1,920.00.
Constitution of Tribunal:
Vice President: Mrs Smyth
Members: Mr O’Hea
Ms Madden
Appearances:
The claimant appeared in person.
The respondent did not appear nor did he lodge a response.
Issues
The issues to be determined are:-
(i) whether the claimant is entitled to a redundancy payment;
(ii) whether the claimant is entitled to notice pay;
whether the claimant is entitled to holiday pay; and
whether the claimant is entitled to unpaid wages for a lying week.
The claimant was employed from 20 September 1993 until she was dismissed by reason of redundancy when the respondent’s business closed down on 21 January 2008.
The claimant was entitled to a redundancy payment in those circumstances but none was paid. The tribunal assessed the amount of redundancy payment to which the claimant is entitled as follows:-
The claimant’s age at the date of dismissal was 41. She had 14 completed years employment. Her gross pay was £193.20 per week –
14 x £193.20 = £2,704.80
The claimant’s contract entitled her to 12 weeks notice pay. No notice pay was paid. The claimant is entitled to:-
12 x £160.00 (net pay) = £1,920.00
The claimant’s contract entitled her to 20 days holiday plus seven public holidays. The holiday year runs from 1 April – 31 March. The claimant accepts that she had taken 17 days at the date of dismissal. She claimed three days holiday pay. However, the tribunal is satisfied that she received her full holiday entitlement because her entitlement is based on a pro rata basis from 1 April 2007 to 21 January 2008 when her employment was terminated.
20 x 0.77 = 15.4 days entitlement – 17 days taken
The claimant received one week’s wages upon termination of employment. The tribunal is satisfied that the claimant has therefore received the amount due and owing for a lying week, since the tribunal has awarded the maximum amount for notice pay.
The total amount due and owing to the claimant is:-
Redundancy payment = £ 2,704.80
Notice pay = £ 1,920.00
£ 4,624.80
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 16 October 2008, Belfast
Date decision recorded in register and issued to parties: