Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 00436/09

CLAIMANT: Zoe Coates

RESPONDENT: R. K. Enterprises (N.I.) LTD

DECISION

The decision of the tribunal is that the claimant is entitled to receive a Redundancy Payment of £2835.00 and Notice Payment of £3240.00.

Constitution of Tribunal:

Chairman (Sitting Alone): Mrs Watson

Appearances:

The claimant appeared in person.

The respondent did not appear and was not represented.

1. Issues for consideration

1.1 The respondent has advised that the claimant in her originating claim form had given the name of her manager and not the name of the employer, R.K. Enterprises (N.I.) Ltd. The tribunal amended the respondent's name in the case title as requested.

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1.2 Is the claimant entitled to receive a redundancy payment, notice pay and holiday pay following her redundancy on 5 January 2009 and if so, how much?

2. Facts

2.1 The claimant began working for the respondent on 30 September 1996 as a secretary when she was 19 years old.

2.2 The claimant was paid £1166 per month or ££270 per week when she was made redundant without notice on 5 January 2009 on her return from Christmas leave.

2.3 The claimant had been employed by the respondent for over 12 years at the date of termination of her employment. She had not accrued any annual leave at that date as it was the beginning of the leave period. She secured alternative employment on 15 January 2009.

2.4 The respondent did not dispute the redundancy or the wage details provided by the claimant.

3. Legal provisions

3.1 Under the provisions of the Employment Rights (Northern Ireland) Order 1996, an employee who is made redundant (as defined in Article 174), is entitled to a redundancy payment. This is calculated, under Article 197, by reference to the employee's age and length of service subject to a qualifying period of 2 years continuous employment.

3.2 Article 118 of the 1996 Order provides that employees are entitled to notice payment of one weeks pay for each year of service up to a maximum of 12 years.

3.3 In this case, the claimant satisfies the statutory requirements and her entitlement is as follows;

Notice Pay 12 weeks @ £ 270 = £3240.00

Redundancy Payment

3 weeks @ £270 x 0.5 = £ 405.00

9 weeks @ £270 x 1 = £2430.00

Total = £ 6075.00

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: