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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> White v Gary Elkin t/a Solo Group [2009] NIIT 5743_09IT (22 September 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/5743_09IT.html
Cite as: [2009] NIIT 5743_9IT, [2009] NIIT 5743_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 5743/09
CLAIMANT: Alexandra White
RESPONDENT: Gary Elkin t/a Solo Group
DECISION
The decision of the tribunal is that the claimant is entitled to £917.90 in respect of holiday pay.
Constitution of Tribunal:
Chairman (Sitting Alone): Mr S A Crothers
Appearances:
The claimant was present and represented herself.
The respondent did not enter a response and was not present at the hearing.
THE CLAIM
1. The claimant’s claim is in respect of holiday pay. The title of the respondent was amended to that shown above.
THE ISSUE
2. The issue before the tribunal was whether the claimant was entitled to a payment in respect of holiday pay.
SOURCES OF EVIDENCE
3. The tribunal heard evidence from the claimant and considered documentation referred to in the course of her evidence. The tribunal also took into account the Record of Proceedings of a Case Management Discussion held on 26 August 2009.
FINDINGS OF FACT
4. Having considered the evidence insofar as same related to the issue before it, the tribunal made the following findings of fact on the balance of probabilities:-
The claimant was employed by the respondent from 21 July 2008 until 30 March 2009. She did not have a written contract of employment. She had taken two day’s leave during her employment with the respondent. Her letter of appointment stated that her annual salary was £20,000 gross. She presented an analysis of what she was claiming, having obtained assistance from the Labour Relations Agency.
THE LAW
5. The tribunal considered the relevant provisions in the Employment Rights (Northern Ireland) Order 1996 relating to unauthorised deductions from wages together with the law in relation to annual leave entitlement as contained in Regulation 13 of the Working Time Regulations (Northern Ireland) 1998, as amended. The tribunal also considered the amendments made by the Working Time (Amendment) Regulations (Northern Ireland) 2007, and especially Regulation 13A.
CONCLUSIONS
6. Having considered the evidence together with the findings of fact and the relevant law, the tribunal concludes as follows:-
(i) The claimant, as a worker, had been continuously employed by the respondent for a period in excess of 13 weeks, and therefore has an entitlement to annual leave in accordance with Regulation 13 of the Working Time Regulations
(ii) On the basis of the claimant’s evidence and analysis of her claim, the tribunal is satisfied that the claimant is entitled to 14.6 days leave at a net rate of £917.93 ÷ 14.6
= £62.87 per day x 14.6 = £917.90.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 4 September 2009, Belfast.
Date decision recorded in register and issued to parties: