Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2009/5914_09IT.html
Cite as: [2009] NIIT 5914_09IT, [2009] NIIT 5914_9IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 5914/09

CLAIMANT: Anthony Brown

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) £1,388 in respect of notice pay;

(B) £244 in respect of holiday pay;

(C) £146.40 in respect of wages for his “lying week”;

(D) £146.40 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 his claim form, the claimant claimed only in respect of redundancy. However, the presentation of his claim form was preceded by the presentation of a written grievance to his employer, in which he had asserted entitlements in respect of notice pay, holiday pay, “lying week” pay, pay in respect of the last week of his employment, and guarantee pay. Because of the circumstances of the claimant’s termination of employment, and because of what I had learned during the hearings of the cases of other claimants whose cases are associated with that of the present claimant, I was satisfied that there was no realistic prospect of the respondent company participating in these proceedings in any meaningful way. Having noted that the respondent company had been warned (through the grievance process) of the existence of the relevant claims, I gave the claimant leave to amend his claim so as to include all the “other” claims set out above. In the course of his testimony the claimant proved, to my satisfaction, that he was entitled to remedies in respect of those “other” claims.

Notice pay

6. The claimant is entitled to £1388 notice pay. (This is based on £244 net pay, less £320 job seekers allowance which the claimant received in respect of the notice period).

Holiday pay

7. The claimant is entitled to one weeks holiday pay, amounting to £244. (The claimant’s net weekly pay was £244).

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 £146.40 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 £146.40.

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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