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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Nixon v Breen Contracts Ltd [2009] NIIT 3623_09IT (29 July 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/3623_09IT.html
Cite as: [2009] NIIT 3623_09IT, [2009] NIIT 3623_9IT
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CASE REF: 3623/09
CLAIMANT: John Nigel Nixon
RESPONDENT: Breen Contracts Ltd
The unanimous decision of the tribunal is that the claimant is awarded a total of £2250.00 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 Joiner by the respondent between 7 April 2008 and 14 November 2008 when the business closed, a period of 7 months. He was paid £450.00 per week after tax.
2. At the time of the termination of his employment, the claimant was not paid for his last weeks work. He was also owed for a lying week and he did not receive notice or holiday pay.
The legal provisions
1. 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.
However Article 190 requires an employee to have been employed for a continuous period of at least 2 years in order to qualify for a redundancy payment. Since the claimant does not meet this requirement, he is not eligible to receive such an award.
2. Where the employer is insolvent, an 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
At the date of termination of his employment, the claimant had not been paid for his last weeks work, was owed a lying week, holiday pay and notice pay. Accordingly his award is calculated as follows;
Notice pay 1 week @ £450 = £450.00
Holiday pay 2 weeks @ £450 = £900.00
Unpaid wages 1 week @ £450 = £450.00
Lying week 1 week @ £450 = £450.00
__________
Total award £2250.00
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: