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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGreevy v KMR Windows Ltd and KMR Window... [2009] NIIT 5137_09IT (27 October 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/5137_09IT.html
Cite as: [2009] NIIT 5137_9IT, [2009] NIIT 5137_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 05137/09
CLAIMANT: Neil McGreevy
RESPONDENTS: KMR Windows Ltd and KMR Windows
DECISION
The decision of the tribunal is that:–
(1) 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 £331.40 in respect of unpaid wages.
(2) 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 £265.12 in respect of holiday pay.
(3) 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 £271 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 did not appear and 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 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 25 years of age. He was employed by KMR Windows Ltd from 15 October 2007 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 £450 and his net wage £331.40.
(5) The claimant makes claims for 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 £60.40 per week during the notice period and has not gained new employment.
(6) After hearing the evidence of the claimant I am satisfied his claims are well founded. I make the following awards.
Unpaid Wages
(7) The claimant is entitled to one week’s wages. This is based on his net weekly wage of £331.40. The claimant is therefore entitled to £331.40 in respect of unpaid wages.
Holiday Pay
(8) The claimant is entitled to four days’ holiday pay. This is based on his net weekly wage of £331.40. The claimant is therefore entitled to £265.12 in respect of holiday pay.
Notice Pay
(9) The claimant is entitled to one week’s notice pay of £331.40. This is based on his net weekly wage. From that must be deducted the sum of £60.40 in respect of jobseeker’s allowance received during the notice period. There were no other wages. The claimant is therefore entitled to £271 for notice pay.
Interest
(10) This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order Northern Ireland 1990.
Chairman:
Date and place of hearing: 24 September 2009, Belfast.
Date decision recorded in register and issued to parties: