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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Cooke v Kelly Haulage Limited [2010] NIIT 01096_10IT (04 August 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/01096_10IT.html
Cite as: [2010] NIIT 01096_10IT, [2010] NIIT 1096_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1096/10
CLAIMANT: Robert Cooke
RESPONDENT: Kelly Haulage Limited
DECISION
The decision of the tribunal is that the sum of £1,552.78 is awarded to the claimant in respect of outstanding wages, holiday pay and one week’s pay in lieu of notice.
Constitution of Tribunal:
Chairman (sitting alone): Ms Julie Knight
Appearances:
The claimant appeared and represented himself.
The respondent did not attend.
Issues
1. The issue to be determined by the tribunal was whether the claimant is entitled to receive one week’s pay in lieu of notice, holiday pay and unpaid wages.
Facts
2. The claimant’s employment commenced with the respondent on
6 February 2009. The respondent terminated the claimant’s employment verbally and without notice on 2 February 2010. The claimant had no written contract of employment and was paid weekly either in cash or by cheque. The claimant was paid at a net basic rate £200.00 per week and any additional amount was calculated on the basis of the claimant’s entitlement to an overnight allowance.
3. The claimant took in total 25 days holiday namely five days over the July holidays, ten days from 18 - 29 November 2009 and ten days from 23 December 2009 to
2 January 2010. The respondent did not pay the claimant during these periods of annual leave.
4. The respondent did not appear and was not in any event entitled to take a full part in the proceedings by reason of not entering a response within the time limit specified in the Industrial Tribunal’s (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
5. Having heard the evidence of the claimant and considered the available documentation, I am satisfied that the following sums are due and payable to the claimant by the respondent as follows:
a. £95.00 in respect of outstanding wages in breach of contract due at the effective date of termination, calculated as set out in the claimant’s letter to the respondent dated 14 February 2010. I note that no response was ever sent to the claimant by the respondent disputing the amount claimed.
b. £1,093.20 in respect of holiday pay. By virtue of the provisions of the Working Time Regulations the claimant was entitled to take 27.33 days as paid holidays accrued during the period from 6 February 2009 until 2 February 2010. This is amount is calculated on the basis of a week’s pay of £200.00 as during the holiday period the claimant would not have been entitled to receive an overnight allowance.
c. £364.58 as one week’s pay in lieu of notice. This figure was calculated by taking the claimant’s average net wages for the 12 weeks period immediately preceding the date of his effective date of termination.
6. Therefore the respondent is ordered to pay to the claimant the total sum of £1,552.78.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 6 July 2010, Belfast
Date decision recorded in register and issued to parties: