Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Keatings v Cairde Bunscoil Phobal Feirste [2009] NIIT 251_09IT (12 May 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/251_09.html
Cite as: [2009] NIIT 251_09IT, [2009] NIIT 251_9IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 00251/09

CLAIMANT: Anthony Keatings

RESPONDENT: Cairde Bunscoil Phobal Feirste

DECISION

The decision of the tribunal is that the claimant is entitled to £1,157.72 by way of redundancy, £420.50 in respect of notice pay, and £630.75 in respect of unpaid wages, totalling £2,208.97.

Constitution of Tribunal:

Chairman (Sitting Alone): Mr S A Crothers

Appearances:

The claimant was represented by Mr J O’Neill of Thompsons McClure, Solicitors.

The respondent had not entered a response to the claimant’s claim and was not present at the hearing.

THE CLAIM

1. The claimant claimed redundancy pay together with an amount in respect of unpaid wages and notice pay. The respondent did not enter a response to the claim.

THE ISSUES

2. The issues before the tribunal were as follows:-

1. Was the claimant entitled to a sum by way of redundancy payment?

2. Was the claimant entitled to a sum in respect of unpaid wages?

3. Was the claimant entitled to a sum in respect of notice pay?

SOURCES OF EVIDENCE

3. The tribunal heard evidence from the claimant and was presented with documentation.

FINDINGS OF FACT

4. Having considered the evidence insofar as same related to the issues before it, the tribunal made the following findings of fact on the balance of probabilities:-

The claimant was employed by the respondent as a minibus driver from 3 November 2005 and was paid on a weekly basis. The minibus service was funded by the Northern Ireland Pre-School Play Association. The respondent was associated with working with first and second year nursery school children. On 23 October 2008, the claimant was informed by one of the Board of Governors and the Principal of Bunscoil Phobal Feirste that there was no more work for him as his post could no longer be funded. The claimant also discovered that he was not insured to drive the minibus as the policy had been cancelled from 4 August 2008. He worked until 24 October 2008. At that stage the school closed until 3 November 2008. However, he did not return to work after 24 October 2008 and was given £500 in cash by the Board of Governors of the school and a personal cheque for £128 by the Head Teacher of the school. These payments were intended to cover the three weeks arrears of wages from 10 October until 31 October 2008. The payments had not been made to him by his employer (the respondent). He declared that it was his intention to pay the amounts back to the school concerned in the event of recovery of monies from the respondent. The precise status of the respondent is unclear. It appears however that there is no evidence that the respondent is legally insolvent.

SUBMISSIONS

5. The claimant’s representative submitted that having contacted the Redundancy Payment Service of the Department of Employment and Learning, he acknowledged that should the tribunal grant the relief to the claimant in the terms sought he would make application to the Redundancy Payment Service to recover an amount in relation to redundancy only in circumstances where the respondent is not legally insolvent.

THE LAW

6. The tribunal considered the relevant provisions in the Employment Rights (Northern Ireland) Order 1996 relating to unauthorised deduction from wages and redundancy together with the relevant provisions of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 in relation to breach of contract.

CONCLUSIONS

7. Having considered the evidence and the facts as found the tribunal concludes as follows:-

(i) By virtue of Article 118 of the Employment Rights Order (Northern Ireland) 1996 (“the Order”) the claimant was entitled to a minimum notice period of two weeks. Taking into account Articles 22, 23, 180, and 197 of the Order his entitlement to a redundancy payment is calculated as follows:-

On the effective date of termination of his employment (14 November 2008 by virtue of the foregoing provisions of the Order) he had three years complete service and was aged 45. His pay was £257.27 gross per week.

The appropriate multiplier for calculating his redundancy is:-

£257.27 x 4½ weeks = £1,157.72.

2. The claimant, by virtue of a service, is entitled to two weeks notice pay at £210.25 per week = £420.50.

2. I further order the respondent to pay to the claimant the sum of £630.25 for unpaid wages in respect of the period from 10 October 2008 until 31 October 2008.

2. The total amount to be paid to the claimant is therefore £2,208.97.

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

Chairman:

Date and place of hearing: 29 April 2009, Belfast.

Date decision recorded in register and issued to parties: