Industrial Tribunals Northern Ireland Decisions

 

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  05136/09

 

 

 

CLAIMANT:                        Mark Harkley      

 

 

RESPONDENTS:               KMR Windows Ltd and KMR Windows

 

 

 

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 £1,960 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 £225 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 £135 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 £181 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 second respondent, KMR Windows, was not the employer of the claimant and is dismissed from these proceedings.

(2)            The company is in severe financial difficulties, but has not gone into liquidation or administration. The respondent has not presented a response in these proceedings.

(3)          The claimant is 37 years of age. He was employed by KMR Windows Ltd from January 2002 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 pay was £280 and his net wage £225.

(5)         The claimant makes claims for redundancy pay, unpaid wages, holiday pay and notice pay. He is owed three days holiday pay and one week’s wages. He received jobseeker’s allowance of £74 during the notice period and commenced new work on 18 March 2009 earning £350 per week gross and £275 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 seven weeks’ redundancy pay at the rate of £280 per week. The claimant is therefore entitled to £1,960 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 £225. The claimant is therefore entitled to £225 in respect of unpaid wages.

 

Holiday Pay

(9)      The claimant is entitled to three days’ holiday pay. This is based on his net weekly wage. The claimant is therefore entitled to £135 in respect of holiday pay.

Notice Pay

  (10)    The claimant is entitled to seven weeks’ notice pay of £1,575. This is based on his    net weekly wage. From that must be deducted the sum of £74 in respect of

 

jobseeker’s allowance received during the notice period and the sum of £1,320 wages received from his new employer during the notice period. The claimant is therefore entitled to £181 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: