Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 1809/07

1979/07

CLAIMANT: Natalie Jayne Kyle

RESPONDENT: Bannon Walters International Ltd

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to unpaid wages, notice pay, holiday pay and a basic award for unfair dismissal.

Constitution of Tribunal:

Vice President: Mrs Smyth

Members: Mr Irwin

Mr Rosbotham

Appearances:

The claimant appeared in person.

The respondent did not appear nor was it represented.

Reasons

1. The claimant was employed from 1 July 2006 until 25 July 2007.

2. In June 2007, her pay cheque ‘bounced’ and she did not receive her wages. She was subsequently paid £100.00 in cash. The tribunal is satisfied that the outstanding amount of wages for June 2007 is £863.50 net.

3. The claimant was informed by telephone on 25 July 2007 that she was redundant. The tribunal is satisfied that the outstanding amount of wages for July 2007 is £1,029.00 gross. The Department may make the appropriate deductions to reflect the outstanding net pay.

4. The claimant did not receive notice pay. She is therefore entitled to the statutory amount of one week’s notice pay which is £245.00.

5. The claimant worked a ‘lying week’. She was not paid this amount upon termination of employment. She is therefore entitled to £245.00 for that week.

6. The claimant claimed bank charges incurred as a result of the non-payment of wages. The tribunal has no jurisdiction to consider this aspect of the claim.

7. The claimant is entitled to holiday pay. The leave year according to the claimant’s contract is 1 November 2006 – 31 October 2007. The claimant is entitled to 20 days holiday which is 1.66 days per month. The claimant worked eight months and 25 days between 1 November 2006 and 25 July 2007 when her employment terminated. She is entitled to 1.33 days holiday for the 25 days worked in July 2007. The claimant took two days holiday in the holiday year. She is therefore entitled to be paid for (1.66 x 8) + (1.33) less two days taken. She is therefore entitled to £373.41 holiday pay.

8. The claimant claimed unfair dismissal. The Department has indicated that it is for the tribunal to calculate the claimant’s entitlement, in the absence of available wage records. The Department is only liable to pay a basic award. The tribunal finds that the claimant is entitled to a basic award of one week’s pay which is £245.00.

9. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Vice President:

Date and place of hearing: 15 April 2009, Belfast

Date decision recorded in register and issued to parties: