Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2009/5878_09IT.html
Cite as: [2009] NIIT 5878_09IT, [2009] NIIT 5878_9IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 5878/09

CLAIMANT: John Fleming

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) £2,256.40 in respect of notice pay;

(B) £280 in respect of holiday pay;

(C) £168 in respect of wages for his “lying week”;

(D) £168 in respect of the last week of the claimant’s employment and

(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. 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.

5. In the claim form, the claimant specified that he wished to make a claim for breach of contract, but did not amplify or particularise that claim. In the course of his sworn testimony in the course of this main hearing, he has now particularised the breach of contract claim. 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 £2,256.40 notice pay. (10 weeks notice, based on £280 net pay, less £543.60 job seekers allowance which he received in respect of the notice period).

Holiday pay

7. The claimant is entitled to one weeks holiday pay, amounting to £280. (The claimant’s net weekly pay was £280).

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 £168 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

£168.

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:

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