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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Campbell v 123 House Company Ltd [2009] NIIT 196_09IT (14 December 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/196_09IT.html
Cite as: [2009] NIIT 196_09IT, [2009] NIIT 196_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 00196/09, 00197/09, 00198/09,
03673/09, 03674/09, & 03675/09
CLAIMANTS: Mairead Campbell
Orlagh Quinn
Briege Magee
RESPONDENT: 123 House Company Ltd
DECISION
The unanimous decision of the tribunal is that each of the claimants is entitled to the sums set out below arising from the termination of their employments with the respondent.
Constitution of Tribunal:
Chairman: Mrs Watson
Panel Members: Mr Hesketh
Mr Lowden
Appearances:
The claimants appeared and were represented by Florence Smith of Donnelly & Kinder, Solicitors.
The respondent did not appear and was not represented
Issue for determination
1. Are the claimants entitled to receive redundancy payments, holiday pay and notice pay arising from the termination of the employments when the respondent company ceased trading due to lack of funding? If so, how much?
Sources of evidence
2. The claimants provided the tribunal with a bundle of documents and each gave oral evidence.
3. The respondent company did not enter a response to the originating applications but wrote to the tribunal prior to the hearing to confirm that their facility had closed due to lack of funding on 30 September 2008 and accepting that each of the claimants were entitled to the sums detailed in their Schedules of Loss. The respondent company does not presently have the funds to meet these outstanding claims but hoped that steps currently being taken will enable full payment in due course.
Findings
4. The tribunal considered the oral and documentary evidence tendered and makes the following findings in respect of each claim;
(1) Mairead Campbell
Ms Campbell was employed by the respondent from November 1999 until 30 September 2008, a period of 8 years. At the date of termination, she was aged 31 years and was owed 25 days holiday pay. She earned £339.32 gross, £330.00 nett weekly.
Her entitlement is;
Redundancy Pay: 8 x 1 x £330 = 2640.00
Notice Pay 8 weeks @ £339.32 = 2714.56
Holiday pay 25 days @ £67.86 = 1696.50
Total = £7051.06
(2) Orlagh Quinn
Ms Quinn was employed from February 2001 so had 7 years service. She was aged 25 at the date of termination earning £215.38 gross, £172.73 nett weekly. She was owed 17 days holiday.
Her entitlement is;
Redundancy Pay: 4 x 1 x 215.38 = 861.52
3 x 0.5 x 215.38 = 323.07
Notice Pay 7 weeks @ 172.73 = 1209.11
Holiday Pay 17 days @ 34.46 = 585.82
Total = £2979.52
(3) Briege Magee
Mrs Magee was aged 44 years at date of termination and had 7 years service. She was earning £215.38 gross, £172.73 nett weekly and was owed 15 days holiday pay.
Her entitlement is:
Redundancy Pay: 4 x 1.5 x 215.38 = 1292.28
3 x 1 x 215.38 = 646.14
Notice Pay 7 weeks @ 172.73 = 1209.11
Holiday Pay 15 days @ 34.46 = 516.90
Total = £3664.43
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996
Chairman:
Date and place of hearing: 17 November 2009, Belfast
Date decision recorded in register and issued to parties: