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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Montgomery v KMR Windows Ltd [2009] NIIT 5139_09IT (23 November 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/5139_09IT.html
Cite as: [2009] NIIT 5139_9IT, [2009] NIIT 5139_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 5139/09
5894/09
CLAIMANT: William James Montgomery
RESPONDENT: KMR Windows Ltd
DECISION (“OTHER” DEBTS)
The claims of the claimant in respect of the following employment debts (notice pay, holiday pay and arrears of pay) are all well-founded. It is ordered that the respondent shall pay to the claimant the following sums:
(A) £1,680 in respect of notice pay
(B) £210 in respect of holiday pay
(C) £126 in respect of wages for his “lying week”
(D) £126 in respect of the last week of the claimant’s employment
(E) £107.50 in respect of guarantee pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was represented by Jill Downing, Solicitor, of Magennis & Creighton.
The respondent was not represented.
REASONS
1. The respondent company is in severe financial difficulties. It has ceased to operate. However, it has not gone into liquidation or administration. The respondent has not presented a response in these proceedings.
2. The claimant made claims in respect of a redundancy payment and in respect of other employment debts. All of those claims were dealt with at a single hearing, which was held on 23 September 2009. Two days later, on 25 September 2009, a written decision (a “Decision”) was issued, which dealt only with the redundancy claim. This Decision deals with all of the claimant’s other claims.
3. During the course of this hearing, I issued my decision in respect of the “other” claims orally. At the same time I gave my reasons orally.
Facts
4. In the claim form in respect of case 5139/09, the claimant made explicit reference to claims for notice pay and for holiday pay. During the course of his testimony in these proceedings, it became clear that the claimant also asserts that he is owed sums in respect of pay generally. Against the background of a non-active respondent, and in circumstances in which it seemed to be unlikely there will be any active participation on the part of the respondent, I considered it to be appropriate to allow the claimant to include, as claims in these proceedings, all his claims in respect of unpaid pay.
5. The claimant was employed by the respondent until he was dismissed, by reason of redundancy, with effect from 3 March 2009. I am satisfied that the claimant gave evidence which was true to the best of his relevant current knowledge, information and belief. I awarded the following sums, on the basis of the claims which were made during this hearing, the evidence which was available to me in these proceedings, and the arguments which were made to me in the course of these particular proceedings.
Notice pay
6. The claimant is entitled to £1,680. (8 weeks notice, based on £210 weekly net pay).
Holiday pay
7. The claimant is entitled to one weeks holiday pay, amounting to £210. (The claimant’s net weekly pay was £210).
Pay for “lying” week
8. I am satisfied that, at the time of the termination of his employment, the claimant was entitled to a net sum of £126 in respect of “lying week” arrangements which were part of the claimant’s contract of employment.
Pay for the last week of employment
9. I am satisfied that the claimant is entitled to three days pay, which was never paid to him, in respect of the last week of his employment. That amounts to a net figure of £126.
Statutory guarantee pay
10. I am satisfied that the claimant is entitled to five days of statutory guarantee pay amounting to £107.50.
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: 23 September 2009, Belfast.
Date decision recorded in register and issued to parties: