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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Armstrong v Ark Retail (UK) Limited [2010] NIIT 06961_09IT (11 March 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/06961_09IT.html
Cite as: [2010] NIIT 06961_09IT, [2010] NIIT 6961_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6961/09
CLAIMANT: Collette Armstrong
RESPONDENT: Ark Retail (UK) Limited
DECISION
The decision of the tribunal is that the respondent failed to pay to the claimant certain amounts due to her at the termination of her employment amounting to £2,517.30. These sums are set out below and are awarded to be paid by the respondent to the claimant.
Constitution of Tribunal:
Chairman: Mr Cross
(Sitting alone)
Appearances:
The claimant represented herself before the tribunal.
The respondent was not represented and did not appear at the hearing.
Findings of Fact
1. The claimant was employed by the respondent as a store manager running, two shops operated by the respondent at Rushmere Shopping Centre in Craigavon. Her employment commenced on 26 February 2008. Her gross pay was £311.54 per week (£249.23 net).
2. During the spring of 2009 the respondent began to run into financial difficulties and proposed a reduction in wages for staff. As a consequence the claimant’s wages were reduced by 10%, from 15 June 2010. However the rescue attempt was of no avail and the respondent closed the Craigavon stores on 30 June 2009. The claimant was dismissed on that day.
3. The respondent does however continue to trade in Dublin but the claimant has not been able to contact any one in the respondent company. The respondent has made no appearance to the claimant’s claim.
4. When the respondent’s Craigavon shops closed, the claimant had not been paid her wages for 5 weeks for end of May and June. She was also owed 4 days wages for extra duties that the claimant performed on Easter Monday and 25,30 and 31 May, days on which she should have been on leave. Her holiday entitlement for the holiday year (which was the calendar year 2009) amounted to 10 days up to the end of June, but she had taken 5 days so was entitled to 5 days. The claimant was entitled under her contract of employment to one month notice which she did not receive. The claimant had a written contract of employment dated 7 November 2008.
Decision
5. The claimant was dismissed without notice and was, at the time of her dismissal, owed certain money by the respondent as detailed above. The tribunal finds that the respondent is in breach of its contract with the claimant. The tribunal awards the following payments to the claimant.
Notice pay 4 weeks at £249.23 – 10% = £224.31x 4 £897.24
5 days holiday at £224.31 per week £224.31
Pay for month of June: 3 weeks at £249.23 £747.69
2 weeks at £224.31 £448.62
4 days due for April and May at higher rate
at £49.86 per day x 4 £199.44
________
Total sum due to the claimant £2,517.30
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 10 February 2010, Belfast
Date decision recorded in register and issued to parties: