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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Dorrian v IN/EX Professional Decorators [2009] NIIT 6118_09IT (18 November 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/6118_09IT.html
Cite as: [2009] NIIT 6118_9IT, [2009] NIIT 6118_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6118/09
CLAIMANT: Paul Samuel Francis Dorrian
RESPONDENT: IN/EX Professional Decorators
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment of £990.00, payment in lieu of notice of £825.00 and £107.50 in respect of lay-off payment making a total of £1922.50.
Constitution of Tribunal:
Chairman (sitting alone): Ms. F Oliver
Appearances:
The claimant was represented by Ms Alison Douglas of Joseph F. McCollum & Company, Solicitors.
The respondent was represented by Mr Tom Sheridan of Peninsula Business Services Limited.
The claim
1. In these proceedings, the claimant makes a claim for redundancy payment, payment in lieu of notice and lay off pay. The respondent does not dispute that payment is due but at hearing the respondent disputed the claimant’s weekly wage.
The evidence
2. The claimant gave evidence that he received a weekly payment into his hand of £275.00. He was paid in cash and he did not receive a pay-slip. The claimant had indicated on his claim that his weekly pay was £330.00 gross and £275.00 net. The claimant was not able to produce recent pay-slips as the employer had not provided recent pay-slips but he did produce two pay-slips from 2006 indicating that at that time his pay was £270.00 gross. He indicated that his pay had not been cut since then and he believed that was proof that the figures provided by the respondent were not correct.
3. The respondent in his response confirmed that the details provided by the claimant concerning current pay were correct. However, at hearing, Mr. Hamilton gave evidence that the weekly net pay was £205.00.
4. We prefer the evidence of the claimant.
The outcome
5. I am satisfied that the claimant is entitled to a redundancy payment, payment in lieu of notice and lay-off pay.
Facts
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6. |
(i) |
The claimant worked for the respondent from 26 June 2005 until 11 February 2009. He was made redundant on the latter date. He therefore had three years’ completed service. |
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(ii) |
He was aged 32 at the time of dismissal. |
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(iii) |
His gross pay was £330.00 per week.
His net pay was £275.00 per week. |
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(iv) |
The appropriate multiplier for calculating this redundancy payment is 3. |
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(v) |
His redundancy entitlement is therefore £330 x 3 = £990.00.
His payment in lieu of notice is £275 x 3 = £825.00
The agreed payment in respect of lay-off is £107.50 |
Interest
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 29 September 2009, Belfast
Date decision recorded in register and issued to parties: