Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 03631/09

CLAIMANT: Marius Vasiliauskas

RESPONDENT: Canopies Ireland Ltd

DECISION

The decision of the tribunal is that the claimant is entitled to total payment as set out below of £2,700.00.

Constitution of Tribunal:

Chairman (Sitting Alone): Mrs Watson

Appearances:

The claimant appeared in person and was assisted by an interpreter.

The respondent did not appear and was not represented.

1. Issues for consideration

(a) Is the claimant entitled to receive a redundancy payment under the Employment Rights (Northern Ireland) Order 1996 (as amended) and if so, how much?

(b) Is the claimant entitled to receive payment in respect of unpaid wages, notice pay and holiday pay and if so, how much?

2. Sources of evidence

The tribunal heard oral evidence from the claimant and took into consideration the content of the originating claim form and the response of the respondent.

3. Findings of Fact

(a) The claimant worked as a Factory Supervisor for the respondent from 27 September 2004 until the business ceased trading on 13 February 2009. He was paid £270 net per week.

(b) The claimant was not paid for the last week he worked and did not receive any notice pay.

(c) At the date of termination, the claimant was entitled to 5 days holiday pay.

4. The Law

(a) Where the requirement for employees to carry out their work in the place where they were employed has ceased, their dismissal is to be taken as dismissal by reason of redundancy under Article 174 (1) (b) (ii) of the 1996 Order.

(b) To be eligible to receive a redundancy payment, a person has to have been continuously employed for a period of not less than two years.

(c) Under Article 197, calculation of the amount of the redundancy payment is based on the age and length of service of the employee.

(d) Article 118 provides that employees are entitled to one week's notice payment for every year's service.

(e) The 1996 Order also provides, at Article 229, that where an employee is owed money in respect of arrears of pay at the termination of their employment due to the employer's insolvency that the relevant governmental Department shall pay that amount to the employee.

5. Findings

Applying the relevant legal provisions to the above facts, the tribunal calculates the amount payable to the claimant as follows;

Redundancy Payment 4 weeks @ £270 £1,080.00

Notice Payment 4 weeks @ £270 £1,080.00

Arrears of Pay 1 week @ £270 £ 270.00

Holiday Pay 1 week @ £270 £ 270.00

Total £2,700.00

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

Chairman:

Date and place of hearing: 12 June 2009, Belfast.

Date decision recorded in register and issued to parties: