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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Watson v Walker Bros [2009] NIIT 6791_09IT (17 December 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/6791_09IT.html
Cite as: [2009] NIIT 6791_9IT, [2009] NIIT 6791_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6791/09
CLAIMANT: David Robert Watson
RESPONDENT: Walker Bros
DECISION
The Tribunal orders the respondent to pay to the claimant redundancy pay in the sum of £814.
Constitution of Tribunal:
Chairman (sitting alone): Ms Sheils
Appearances:
The claimant appeared in person with his wife but was not represented.
The respondent did not appear and was not represented.
1. The Claim and the Response
The claimant lodged a claim form on 17 August 2009 claiming outstanding redundancy monies and money in lieu of notice.
The respondent did not present a response.
2. The Facts
The Tribunal found the following facts proven on the balance of probabilities:
(1) The claimant whose date of birth is 29 May 1949, started work in April 2004 as a labourer for the respondents, Walker Brothers, Building & Joinery Contractors.
(2) By letter dated 2 April 2009, the respondent wrote to all their employees, including the claimant, and advised them that it might be necessary in the future to consider cut backs and temporary lay offs.
(3) The claimant subsequently received a letter from the respondent dated 7 May 2009 advising him that they were laying him off for at least 30 days from 8 June 2009.
(4) The respondent wrote to the claimant again on 7 June 2009 advising him that although they had work for him for 10-12 days that he would be laid off again thereafter. This letter went on to offer the claimant the alternative of a redundancy payment and outstanding holiday pay.
(5) The claimant wrote to the respondent on 26 June 2009 and claimed his redundancy payment, notice pay and outstanding holiday pay. The claimant received £111 and a subsequent cheque for £336 holiday pay, which he accepted. On the 3 August 2009 the claimant received a further cheque for £500.
(6) The claimant lodged a claim form on 17 August 2009. No response was received from the respondent. In his claim form the claimant stated that he had received some monies from the respondents that that money was still outstanding.
(7) At hearing the claimant advised the tribunal that he had received an additional sum of £1,500 from the respondent.
3. The Law
The Employment Rights (Northern Ireland) Order 1996 states, at Article 170, that an employer shall pay a redundancy payment to any employee of his who is either dismissed by reason of redundancy or is eligible for redundancy payment by reason of being laid off. Article 97 of the same order sets out how such redundancy payments are to be calculated.
Notice Pay
Under Article 118 of the Employment Rights (Northern Ireland) Order 1996 an employer is obliged to give a person who has been continuously employed by him for one month not less than one weeks notice for each year of continuous employment.
4. Conclusions
Using the formula described at Article 197 the Tribunal concluded that the respondent owed the claimant redundancy pay in the amount of £1,875 and a further £1,050 for outstanding notice pay. The total monies owed by the respondent to the claimant were £2,925. However the Tribunal noted that the respondent paid the claimant a total of £2,111 leaving a total redundancy payment owed to the claimant of £814.
Therefore the Tribunal orders the respondent to pay to the claimant redundancy pay in the sum of £814.
5. Interest
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 9 November 2009, Belfast.
Date decision recorded in register and issued to parties: