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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Roberts v Raymond Taylor & Carol Taylor ... [2009] NIIT 1726_08 (03 September 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/1726_08IT.html
Cite as: [2009] NIIT 1726_08, [2009] NIIT 1726_8
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1726/08 & 275/09
CLAIMANT: Natasha Roberts
RESPONDENTS: (1) Raymond Taylor & Carol Taylor T/A Gnosh Restaurant
(2) Gnosh LLP
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to payment of unpaid wages and holiday pay of £464.00. The award to be made against both named respondents.
Constitution of Tribunal:
Chairman: Mr Cross
Panel Members: Mr Wilkinson
Mr Gunn
Appearances:
The claimant appeared in person and was not represented.
The respondents did not appear at the tribunal and were not represented
1. Evidence
The tribunal heard the evidence of the claimant and read correspondence from a
representative of the respondents.
2. Findings of Fact
2.1 The claimant who was born on 14 November 1978 was employed by the first named
respondents as a Supervisor/Waitress on 15 January 2008 at an hourly rate of £5.80
for a 20 hour week. Her employment ended on 4 October 2008, not as the claimant states 4 November, the business closed on 4 October. She was fortunate in that she obtained another job almost immediately on 15 October 2008 at the same salary.
2.2 The respondent’s restaurant closed and the business of both first and second named defendants became the subject of insolvency procedures undertaken by Lismore Group, Insolvency Consultants. The tribunal are not aware to what stage these proceedings have gone as the claimant did not know and there was no appearance or correspondence from Lismore Group save for a letter of 21 April 2009, stating that Lismore was being consulted by all the respondents.
2.3 The claimant is due ten days holiday pay and one weeks pay in lieu of notice as she was given no notice but was merely notified that the business was closed. Toward the end of her employment the claimant was only working an average of 18 hours per week, due to the down turn in the business. The holiday pay was, under the claimant’s agreement with the first named respondents, to be 6 minutes for every hour worked. The claimant calculated that she had worked 620 hours and that entitled her to 62 hours holiday pay.
2.4 The claimant commenced her claim 1726/08 by delivering a claim form duly completed to the Tribunal office on 4 November 2008. This made a claim for unpaid wages and holiday pay.
2.5 Later on 21 January 2009 the claimant delivered another application form, making the same claim against the same respondents; this was numbered 275/09. This claim is not out of time, as although it was due to be lodged by 4 January 2009, the time limit would have been extended by reason of the fact that the claimant raised the subject matter with the respondent, in writing, and the time limit would have been then extended under the provisions of The Employment (Northern Ireland) Order 2003 and the Rules made there under. However this is all of no consequence as the second claim makes the same claim as the first claim.
3. Decision
3.1 The claimant was owed one week’s unpaid wages. She calculated this at the average hours that she had been working toward the end of her contract, at 18 hours at her salary of £5.80 per hour, a total of £104.40. The unpaid holiday pay amounted to 62 hours x £5.80, a sum of £359.60.
3.2 The tribunal hold that the claimant was recruited and employed by the first named respondent and subsequently was paid by the second named respondent. There was no formal assignment of her contract and thus this decision and the payment directed by it is made against both respondents.
3.3 This decision is made on foot of claim number 1726/08. The similar claim of 275/09 is
dismissed as being a duplicate of the earlier claim.
3.4 Compensation Payable
Salary due £104.40
Holiday Pay £359.60
---------------
Total £464.00
3.5 This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 26 June 2009, Belfast
Date decision recorded in register and issued to parties: