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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> O'Hagan-Kelly v Alvin Scott T/A SPOILT FOR CHO... [2009] NIIT 5082_09IT (01 October 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/5082_09IT.html
Cite as: [2009] NIIT 5082_09IT, [2009] NIIT 5082_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 05082/09
CLAIMANT: KELLEY O’HAGAN-KELLY
RESPONDENT: ALVIN SCOTT T/A SPOILT FOR CHOICE
DECISION ON REMEDY
The decision of the tribunal is that the claimant is entitled to receive a Redundancy Payment, Notice Payment and Holiday Pay of £5040.00.
Constitution of Tribunal:
Chairman (Sitting Alone): Mrs Watson
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
Issue for consideration
Is the claimant entitled to receive a redundancy payment, notice pay and holiday pay following her redundancy on 23 January 2009 and if so, how much?
Facts
1. The claimant began working for the respondent in or about 2000. Initially she was employed as a sales assistant but she was a manager at the date of termination of her employment on 23 January 2009.
2. The claimant was paid £240 per week when she was made redundant without notice.
3. She had taken one of the four weeks holidays to which she was entitled.
4. The claimant had been employed by the respondent for over 9 years and was aged 38 at the date of termination of her employment.
5. The respondent did not respond to the claim within the stipulated time and a Default Judgement was issued on 25 June 2009.
Legal provisions
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.
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.
In this case, the claimant satisfies the statutory requirements and her entitlement is as follows;
Notice Pay 9 weeks @ £240 = £2160.00
Redundancy Pay 9 weeks @ £240 = £2160.00
Holiday Pay 3 weeks @ £240 = £ 720.00
Total = £5040.00
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 12 August 2009 at Omagh
Date decision recorded in register and issued to parties: