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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Blake v KMR Windows Ltd [2009] NIIT 4769_09IT (27 October 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/4769_09IT.html
Cite as: [2009] NIIT 4769_9IT, [2009] NIIT 4769_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 4769/09
CLAIMANT: David Blake
RESPONDENT: KMR Windows Ltd
DECISION
The decision of the tribunal is that:–
(1) The claimant’s claim in respect of redundancy is well founded and it is ordered that the respondent KMR Windows Ltd shall pay to the claimant the sum of £1750 in respect of redundancy pay.
(2) The claimant’s claim in respect of unpaid wages is well founded and it is ordered that the respondent KMR Windows Ltd shall pay to the claimant the sum of £310 in respect of unpaid wages.
(3) The claimant’s claim in respect of holiday pay is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £248 in respect of holiday pay.
(4) The claimant’s claim in respect of pay in lieu of notice is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £748 in respect of pay in lieu of notice.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person.
The respondent was not represented.
(1) The respondent company, KMR Windows Ltd, was the employer of the claimant. The company is in severe financial difficulties but has not gone into liquidation or administration.
(2) The respondent has not presented a response in these proceedings.
(3) The claimant is 36 years of age. He was employed by KMR Windows Ltd from 20 August 2003 to 3 March 2009 when he was dismissed with immediate effect because of the financial problems of the company. The company has ceased trading.
(4) At the date of dismissal his gross weekly wage was £400 and his net wage £310.
(5) The claimant makes claims for redundancy pay, unpaid wages, holiday pay and notice pay. He is owed four days holiday pay and one week’s wages. He received jobseeker’s allowance of £60 during the notice period and commenced new work on 18 March 2009 earning £325 per week gross and £265 net.
(6) After hearing the evidence of the claimant I am satisfied his claims are well founded. I make the following awards.
Redundancy Pay
(7) The claimant is entitled to five weeks’ redundancy pay. The entitlement to redundancy pay is subject to a statutory weekly maximum pay which is currently £350. The claimant is therefore entitled to £1,750 in respect of redundancy pay.
Unpaid Wages
(8) The claimant is entitled to one week’s wages. This is based on his net weekly wage of £310. The claimant is therefore entitled to £310 in respect of unpaid wages.
Holiday Pay
(9) The claimant is entitled to four days holiday pay. This is based on his net weekly wage of £310. The claimant is therefore entitled to £248 in respect of holiday pay.
Notice Pay
(10) The claimant is entitled to five weeks’ notice pay of £1,550. This is based on his net weekly wage. From that must be deducted the sum of £60 in respect of jobseeker’s allowance received during the notice period and the sum of £742 wages received from his new employer during the notice period. The claimant is therefore entitled to £748 for notice pay.
Interest
(11) This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order Northern Ireland 1990.
Chairman:
Date and place of hearing: 22 September 2009, Belfast
Date decision recorded in register and issued to parties: