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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Cowan v Leith (t/a Ballyboe Inn) [2009] NIIT 1373_08IT (26 February 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/1373_08IT.html
Cite as: [2009] NIIT 1373_08IT, [2009] NIIT 1373_8IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 1373/08; 1374/08; 1377/08; 1379/08
CLAIMANTS: 1. Neil Cowan
2. Emma Sarah Wott
3. Deborah Higgins
4. Peter Raymond Coulter
RESPONDENT: Carol Leith T/A The Ballyboe Inn
DECISION
The unanimous decision of the tribunal is that the claimants are entitled to redundancy payments, notice pay and holiday pay as set out below.
Constitution of Tribunal:
Chairman: Mrs Watson
Panel Members: Mr T Waite
Mr R Lowden
Appearances:
The claimants appeared in person and represented themselves.
The respondent appeared and represented herself.
Issues for consideration
Are the claimants entitled to receive redundancy payments under the Employment Rights (Northern Ireland) Order 1996 (as amended), the 1996 Order, and if so, how much?
Are the claimants entitled to receive payments in respect of notice pay and outstanding holiday pay, and if so, how much?
Sources of evidence
The tribunal heard oral evidence from the claimants and respondent and considered the documentation of the claims and responses.
Findings of fact
1. The claimants were each employed at the Ballyboe Inn, a bar and restaurant owned and managed by the respondent. The premises were destroyed by fire on 18 July 2008.
Shortly after the fire, the respondent met with all the claimants and informed them that she had to terminate their employment due to the destruction of the premises. She made an ex gratia payment of £100 to each claimant as she was unable to afford any further payments at that time.
Since that time, the respondent has been pursuing an insurance claim which has not been finalised to date. The respondent had, and has, no other source of income.
Relevant legal provisions
Where the requirement for employees to carry out their work in the place where they were employed has ceased, their dismissal is to be taken as dismissal by reason of redundancy under Article 174 (1) (b) (ii) of the 1996 Order.
The tribunal may determine that the employer is liable to make an appropriate payment to the employee if it is just and equitable to do so (Article 175) and where the employee has been continuously employed for a period of not less than 2 years ending on the relevant date which in these cases is 18 July 2008. The 1996 Order also provides, at Article 197, for calculation of the payment based on the age of the employee and number of full year’s employment at the relevant date.
With regard to notice payments, the 1996 Order provides, at Article 118, that employees are entitled to one week’s notice payment for each year of their employment of between 2 to 12 years duration. Each of the claimants met this requirement.
The tribunal were satisfied that each of the claimants had holiday pay outstanding (from the 4 weeks provided under the Working Time Directive) at the relevant date.
Conclusions
After considering the oral and documentary evidence and the legal provisions, the tribunal calculated the amounts payable to each claimant as follows:
Neil Cowan
At the relevant date, this claimant was aged 53. He had been employed in the bar for 4 years and had taken 2 weeks holiday. He earned £165.00 per week.
Redundancy Payment : 6 x weeks pay = £ 990.00
Notice pay : 4 x weeks pay = £ 660.00
Holiday pay : 2 x weeks pay = £ 330.00
Total = £1980.00
Emma Sarah Watt
This claimant had been the Head Chef. Her employment lasted for 9 full years, earning £280.00 per week. She had taken 2 weeks leave but had an extra week’s leave entitlement.
Redundancy payment : 8 x weeks pay = £ 2240.00
Notice pay : 9 x weeks pay = £ 2520.00
Holiday pay : 3 x weeks pay = £ 840.00
Total = £ 5600.00
Deborah Higgins
This claimant had been employed in the bar for 2 full years earning £198.00 per week.
She had taken one week’s leave.
Redundancy payment : 2 x half weeks pay = £198.00
Notice pay : 2 x weeks pay = £396.00
Holiday Pay : 3 x weeks pay = £594.00
Total = £1188.00
Peter Raymond Coulter
This claimant was employed as an assistant chef at the relevant date of termination.
He was aged 19 and had 2 full years employment. He was paid £200 per week.
He had taken one week’s leave.
Redundancy payment : 2 x half weeks pay = £200.00
Notice pay : 2 x weeks pay = £400.00
Holiday pay : 3 x weeks pay = £600.00
Total = £1200.00
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990 and the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996.
Chairman:
Date and place of hearing: 29 January 2009, at Belfast
Date decision recorded in register and issued to parties: