Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Donaghy v Plastic Recycling Solutions [2009] NIIT 178_08IT (07 January 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/00178.html
Cite as: [2009] NIIT 178_08IT, [2009] NIIT 178_8IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 178/08

CLAIMANT: George Donaghy

RESPONDENTS: 1. Plastic Recycling Solutions

2. DEL

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to £550.00 being unpaid holiday pay of £330.00 and £220.00 in respect of one week’s pay in lieu of notice.

Constitution of the Tribunal

Chairman: Ms F Oliver

Panel Members: Mrs Madden

Dr Eakin

Appearances:

The claimant appeared and represented himself.

The first respondent did not appear and was not represented.

The second respondent was represented by the Redundancy Payments Service.

Issues

The issue for the tribunal was whether the claimant was entitled to holiday pay and notice pay.

Evidence

The tribunal heard evidence from the claimant and considered the originating claim of the claimant. The claimant produced a letter from his employer, Plastic Recycling Solutions, indicating that the employer was terminating his employment from 19 October 2007 on the basis of redundancy. The first respondent did not lodge a response and the second respondent lodged a response indicating that it could not accept the claimant’s claim as he had not produced any documentary evidence to support his claim. The second respondent also submitted a copy of an RP1 which had been completed by the claimant on 30 October 2007.

Facts Found

The claimant was employed by the first respondent from 6 December 2006 to 19 October 2007 when his contract of employment was terminated due to the employer going into liquidation.

The claimant was being paid £220.00 per week.

The claimant was entitled to 20 days holiday each year. On a pro rata basis and accepting that the claimant had been employed for ten months at the date of termination, this equates to 16.5 days.

The tribunal accepts the evidence contained in the RP1 dated 30 October 2007 and finds that at the date of termination the claimant had taken nine days holidays and is therefore entitled to 7.5 days at £44.00 per day making £330.00.

The claimant is entitled to one week’s pay of £220.00 as his contract was terminated without notice.

Decision

The claimant is entitled to £550.00, being £330.00 in respect of holiday pay and £220.00 in respect of Notice Pay.

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order

(Northern Ireland) 1990.

Chairman:

Date and place of hearing: 28 November 2008, Limavady.

Date decision recorded in register and issued to parties: