Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 503/08

CLAIMANT: Gareth Rosato

RESPONDENT: John Ferguson

DEFAULT JUDGEMENT (REMEDIES: HOLIDAY PAY)

The respondent shall pay to the claimant the sum of £399 in respect of holiday pay.

Constitution of tribunal:

Chairman (sitting alone): Mr P Buggy

Appearances:

The claimant appeared in person.

The respondent was not present and was not represented.

REASONS

1. In these proceedings, the claimant makes the following claims against the respondent in respect of breach of contract:

(1) a claim in respect of failure to pay wages;

(2) a claim in respect of pay in lieu of notice; and

(3) a claim in respect of holiday pay.

2. The respondent has not entered a response to the proceedings within the time specified in the rules.
3. The claim in respect of failure to pay wages was the subject of a full hearing on 23 July 2008 and is the subject of a separate Decision.
4. The other two claims have been the subject of a default judgement. As was specified in that judgement:-

"The time for presenting a response having expired [the relevant Chairman finds] that the claimant's complaints of Breach of Contract in respect of Notice and Holiday Pay are upheld. Any remedy to which the claimant is entitled will be determined at a hearing, notice of which will be issued shortly".

5. Pursuant to that default judgement, a remedies hearing was held on 3 July 2008 and on 23 July 2008.
6. At that hearing, the claimant gave evidence on oath. I have made the following findings of fact.
7. The claimant was employed by the respondent from 26 September 2007 until 11 January 2008, a period of more than three months but of less than four months.
8. With effect from January 2008, the claimant's employment was terminated by the respondent. The respondent told the claimant at that time that he could no longer afford to keep the claimant in his employment because of financial pressures.
9. During the period of his employment with the respondent, the claimant was entitled to net weekly pay of between £285 and £300 per week.
10. I accept that, by the date of termination of employment, it was a term of the contract of employment that the employer would pay to the claimant any sum which the employer was obliged to pay under the Working Time Regulations.
11. I am satisfied that, at the date of termination of the claimant's employment, the employer was required under the Working Time Regulations to pay the claimant the sum of £399 in respect of holiday pay. (At the time of the termination of his employment, the claimant was entitled to holiday pay equivalent to 7 days of net pay).
12. This is a relevant decision for the purposes of the Industrial Tribunals Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 23 July 2008 at Belfast

Date decision recorded in register and issued to parties: