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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Watson v Burnison [2009] NIIT 1612_08IT (07 May 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/1612_08.html
Cite as: [2009] NIIT 1612_8IT, [2009] NIIT 1612_08IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1612/08 IT
CLAIMANT: Martin Watson
RESPONDENT: Michael Burnison
DECISION
The decision of the tribunal is that the claimant is entitled to a statutory redundancy payment in the sum of £3,960 and to payment of £141.20 in respect of unpaid wages.
Constitution of Tribunal:
Chairman (Sitting Alone): Mr N Kelly
Appearances:
The claimant appeared in person.
The respondent had not entered a response and did not appear.
The Issues
This is a Decision of a Chairman sitting alone under Article 6(2) of the Industrial Tribunals (Northern Ireland) Order 1996.
The claim signed on 26 October 2008 is in respect of a statutory redundancy payment and unpaid wages.
Findings of Fact
The claimant was first employed by the respondent as a plumber in 1991. However this period of employment was broken by a period of self-employment. During the tax years 1992/93, 1993/94, 1994/95 and 1995/96, the claimant operated as a self-employed contractor providing services for the respondent and was taxed on this basis. The claimant resumed his status as an employee of the respondent on 1 April 1996.
The respondent terminated the claimant’s employment on the grounds of redundancy. The letter of dismissal was dated 3 June 2008 and the claimant worked a period of notice which expired on 22 August 2008, the effective date of termination.
The claimant had been paid his wages up to and including Wednesday 20 August 2008 and was not paid for his final two days, Thursday 21 August and Friday 22 August 2008.
The claimant’s gross weekly pay was £464.55 and his net weekly pay was £353. His date of birth was 16 March 1968.
The claimant sought payment of his redundancy entitlement and the unpaid wages but received no response from the respondent.
The Law
8. Under Article 3 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994, proceedings may be brought before an Industrial Tribunal in respect of a claim of an employee for the recovery of damages or any other sum for breach of contract where the claim arises on the termination of the employee’s employment.
An employee who is made redundant is, subject to conditions, entitled to a statutory redundancy payment calculated in accordance with Article 197 of the Employment Rights (Northern Ireland) Order 1996.
Decision
The claimant is entitled to £141.20 being two days net wages at £70.60 per day in respect of 21 August 2008 and 22 August 2008.
The claimant is entitled to a statutory redundancy payment of £3,960 calculated as follows:
Complete years in service from 1 April 1996 – 22 August 2008 = 12 years
Age at dismissal = 40 years
12 weeks by x £330 (maximum statutory amount) = £3960.
This is a relevant decision for the purposes of the Industrial Tribunals (interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 18 March 2009, Belfast
Date decision recorded in register and issued to parties: