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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Rejczak v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06642_09IT (02 February 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/06642_09IT.html
Cite as: [2010] NIIT 06642_09IT, [2010] NIIT 6642_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6642/09
CLAIMANT: Karol Rejczak
RESPONDENT: D McAuley & Sons (Tiles & Taranzo) Ltd
DECISION
The decision of the tribunal is that:-
(a) the claimant is entitled to unpaid wages of £368.51;
(b) the claimant is entitled to holiday pay of £102.37;
(c) the claimant is entitled to notice pay of £204.73.
Constitution of Tribunal:
Chairman: Mr P Kinney (sitting alone)
Appearances:
The claimant was represented by D Carson LLB.
The respondent was not represented and did not appear.
Facts
1. The claimant was employed by the respondent from 3 March 2008 to 12 February 2009 when he was dismissed with immediate effect because of the financial difficulties faced by the respondent. The respondent has ceased trading, but has not been made insolvent within the terms of the Employment Rights (Northern Ireland) Order 1996.
2. No dismissal procedure was followed by the respondent. The claimant was asked to leave the business premises on 12 February 2009 so that they could be locked up.
3. At the date of dismissal the claimant’s gross weekly wage was £246.99 and his net weekly wage was £204.73.
4. The claimant makes claims for unpaid wages, holiday pay and notice pay. He is owed 9 days’ wages and 2½ days’ holiday pay. He did not receive Jobseeker’s Allowance during the notice period. He did not obtain new work.
5. After hearing the evidence of the claimant the tribunal is satisfied his claims are well founded. The tribunal makes the following awards.
Unpaid Wages
6. The claimant is entitled to 9 days’ wages based on his net weekly wage of £204.73. The claimant is entitled to £368.51 in respect of unpaid wages.
Holiday Pay
7. The claimant is entitled 2½ days’ holiday pay. This is based on his net weekly wage. The claimant is therefore entitled to £102.37 in respect of holiday pay.
Notice Pay
8. The claimant is entitled to one week’s notice pay, based on his net weekly wage, of £204.73. There are no deductions from this figure. The claimant is therefore entitled to £204.73 in respect of notice pay.
Interest
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 11 December 2009, Belfast
Date decision recorded in register and issued to parties: