Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 1893/09

4076/09

CLAIMANT: Nigel Francis Bradley

RESPONDENT: Breen Contracts Ltd

DECISION

The unanimous decision of the tribunal is that the claimant is awarded a total of £8830.00 as set out below.

Constitution of Tribunal:

Chairman: Mrs Watson

Members: Mr Crawford

Mr Smyth

Appearances:

The claimant appeared in person.

The respondent did not appear and had not entered a response.

Facts

1. The claimant was employed as a Site Foreman by the respondent between 18 April and 14 November 2008 when the business closed, a period of over 6 years. He was paid £685.00 per week gross.
2. At the time of the termination of his employment, the claimant was owed 2 weeks wages and he did not receive notice or holiday pay.

The legal provisions

3. Article 174 of the Employment Rights (Northern Ireland) Order 1996 provides that an employee is to be considered as dismissed by reason of redundancy if they are no longer required to attend their place of employment. In this case, the business closed so the claimant could no longer attend.
4. Article 118 of the Order provides that employees shall be entitled to one weeks notice for each year of their employment.
5. The amount of redundancy payment, calculated in accordance with Article 197 of the order, is based on the employee's age and length of service, subject to a 2 year continuous employment qualifying period and a cap on the amount of the weekly wage. At the relevant date, this was £330 per week.
6. In addition, where the employer is insolvent, the employee may apply to the Department under Article 229 of the 1996 Order. This provides that the Department shall pay to the employee, certain specified debts owed to the employee by the employer at the date of termination of the employment.

Decision

The claimant was aged 40 at the date of termination and had 6 years service. He was not paid for the last two weeks of his employment and was also owed holiday pay and notice pay. Accordingly his award is calculated as follows;

Redundancy Payment 6 weeks @ £330 = £1980.00

Notice pay 6 weeks @ £685 = £4110.00

Holiday pay 2 weeks @ £685 = £1370.00

Unpaid wages 2 weeks @ £685 = £1370.00

__________

Total award £8830.00

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

Chairman:

Date and place of hearing: 29 June 2009, Omagh

Date decision recorded in register and issued to parties: