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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McNeill v Fred Cameron [2010] NIIT 01103_10IT (06 October 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/01103_10IT.html
Cite as: [2010] NIIT 01103_10IT, [2010] NIIT 1103_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1103/10
CLAIMANT: Lorraine McNeill
RESPONDENT: Fred Cameron
DECISION ON A REMEDY
The decision of the Tribunal is that the respondent is ordered to pay the claimant £14,327.83 in total in respect of;
Redundancy £9,426.37,
Notice Pay £3,630.72,
Outstanding Wages £605.12,
Holiday Pay £60.50,
Right to receive particulars of contract of employment £605.12.
Constitution of Tribunal:
Chairman: Ms P Sheils
Members: Ms N Wright
Mr B Heaney
Appearances:
The claimant appeared and represented herself.
1. The claim default judgement was entered in the register and issued to the parties on 9 June 2010 in the following terms:-
(a) The time for presenting a response having expired the tribunal finds that the claimant’s claims of:-
(i) unauthorised deduction from wages;
(ii) right to redundancy payment;
(iii) breach of contract (holiday pay and notice pay);
(iv) unfair dismissal; and
(v) right to receive
written particulars of contract of employment;
are well-founded.
(b) Any remedies to which the claimant is entitled in respect of these claims will be determined at a hearing, notice of which will be issued shortly.
Issue
2. The issue for this Tribunal was how much is the claimant entitled to pursuant to the default judgement.
Sources of Evidence
3. The Tribunal heard evidence from the claimant and was presented with relevant documentation.
Tribunal’s Conclusions
4. Having considered the evidence the Tribunal concludes as follows:-
Unauthorised deduction from wages: £605.12
Redundancy payment: £9,426.37
Breach of contract (holiday pay and notice pay):-
(a) Notice pay: £3,630.72
(b) Holiday pay: £60.50
Right to receive written particulars of contract of employment: £605.12
Unfair Dismissal
5. The Tribunal accepted the claimant’s evidence in relation to the termination of her employment and concluded in the circumstances that she had been unfairly dismissed. In the circumstances the claimant’s basic award is reduced by the redundancy payment made to her. In relation to compensatory award the Tribunal noted the evidence and the fact that the respondent had closed his business. The claimant had had no further contact with him. Given the fact that any compensatory award would have amounted to no more than four weeks pay the claimant has been compensated for this by her notice pay no further award is appropriate.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.
Chairman:
Date and place of hearing:
Date decision issued to parties: