Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2009/6587_09IT.html
Cite as: [2009] NIIT 6587_9IT, [2009] NIIT 6587_09IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 6587/09

CLAIMANT: Paul Gary Armstrong

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) £1,909.80 in respect of notice pay;

(B) £276.20 in respect of holiday pay;

(C) £165.72 in respect of wages for his “lying week”;

(D) £165.72 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 hearing of this case was adjourned. On the first day of hearing the claimant was represented by Ms Downing. On the second day of the hearing, he came on his own, by arrangement with Ms Downing, who continues to represent him.

2. The respondent company is in severe financial difficulties but has not gone into liquidation or administration. The business has ceased to operate. There is no realistic possibility of the respondent company taking an active role in these proceedings, even if it was entitled to do so.

3. The respondent has not presented a response in these proceedings. Accordingly, it is not entitled to participate in any relevant way in these proceedings, except as follows:

(1) Subject to compliance with any original or extended time-limit, the respondent company could apply for a review of either of the two Decisions which have now been issued in this case.

(2) The respondent is entitled to be sent copies of those Decisions and of any certificates of corrections to those Decisions.

4. In the claim form in these proceedings, the claimant made a claim only in respect of a redundancy payment. However, during the course of the 23 September hearing, it became clear that this claimant (like several other claimants in this group litigation) was asserting that, apart from a claim in respect of an unpaid redundancy pay entitlement, he was also due money from the respondent in respect of notice pay, holiday pay and wages.

5. Accordingly, against the background outlined above, I granted the claimant leave, at that hearing, to amend his claim to include claims in respect of notice pay, holiday pay and wages.

6. At my direction, a letter was sent to the respondent on 25 September 2009. That letter included the following information:

“At the hearing held on 23 September 2009 the Chairman gave the claimant leave to amend his claim form to include claims in respect of pay, notice pay and holidays”.

7. The hearing was adjourned until 12 October. The respondent was informed of the date of the resumed hearing. Nobody was present on behalf of the respondent company at the resumed hearing on 12 October.

8. During the course of the 12 October hearing, I issued my Decision in respect of all of the claims orally. At the same time, I gave my reasons orally.

9. A separate written decision (“Decision”) was issued in respect of the redundancy pay claim. The present Decision deals with all of the claimant’s “other” claims.

Facts

10. 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.

11. I awarded the following sums, on the basis of the claims which were made in these proceedings, the evidence which was available to me in these proceedings, and the arguments which were made to me in the course of these proceedings.

Notice pay

12. The claimant is entitled to £1,909.80 notice pay. (9 weeks notice, based on £276.20 weekly net pay, less £576 job seekers allowance).

Holiday pay

13. The claimant is entitled to one weeks holiday pay, amounting to £276.20. (The claimant’s net weekly pay was £276.20).

Pay for “lying” week

14. I am satisfied that, at the time of the termination of his employment, the claimant was entitled to a net sum of £165.72 in respect of “lying week” arrangements which were part of the claimant’s contract of employment.

Pay for the last week of employment

15. 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 £165.72.

Statutory guarantee pay

16. I am satisfied that the claimant is entitled to five days of statutory guarantee pay amounting to £107.50.

Interest

17. 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 and 12 October 2009, Belfast.

Date decision recorded in register and issued to parties:

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