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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Fagan v C & J Steele Scaffolding [2010] NIIT 07040_09IT (03 February 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/07040_09IT.html
Cite as: [2010] NIIT 7040_9IT, [2010] NIIT 07040_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 07040/09
CLAIMANT: Niall Fagan
RESPONDENTS: 1. C & J Steele Scaffolding
2. Department for Employment & Learning
DECISION
The tribunal hereby dismisses the claimant’s claims for holiday pay and arrears of pay.
Constitution of Tribunal:
Chairman (Sitting Alone): Ms Bell
Appearances:
The claimant did not appear and was not represented.
The first-named respondent did not appear and was not represented. The second-named respondent was represented by Mrs P Baird.
1. The title of the second-named respondent shall be amended from “Redundancy Payments Branch” to “Department for Employment and Learning”.
2. The claimant in his claim sought holiday pay due in respect of holidays not taken and arrears of pay, following termination of his employment after the first-named respondent was declared bankrupt on 20 April 2009.
ISSUES
3. The issue for the tribunal is whether holiday pay and wages were outstanding and due to the claimant on 20 April 2009.
EVIDENCE
4. The tribunal considered the claim, response and documentation handed in on behalf of the second-named respondent, and heard from Mrs Baird on behalf of the second-named respondent.
FINDINGS OF FACT
5. The claimant was employed by the first-named respondent from 16 February 2003 until 23 April 2009 when he was dismissed by reason of redundancy following the first-named respondent being declared bankrupt.
6. The claimant subsequently applied to the second-named respondent for a redundancy payment, notice pay, holiday pay and arrears of pay outstanding on termination of his employment. The second-named respondent paid the claimant redundancy pay and notice pay, but refused his claims for holiday pay and arrears of pay following receipt of confirmation from the Official Receiver that the employer had confirmed to it that these amounts were not outstanding.
THE LAW
7. Under the Employment Rights (Northern Ireland) Order 1996 the second-named respondent has a role as statutory guarantor in respect of certain employment-related debts, provided certain pre-conditions are met. Pre-conditions include under Article 227(c) that on the appropriate date the employee was entitled to be paid the whole or part of any debt to which that part of the order applies, including capped amounts for arrears of pay and holiday pay.
APPLYING THE LAW TO FACTS FOUND
8. Having examined all of the information in its possession made available by the parties the tribunal considers there is insufficient evidence before it to satisfy it that the employee was entitled to be paid the whole or any part of the amounts claimed for holiday pay and arrears of pay.
CONCLUSION
9. The tribunal dismisses the claimant’s claims under Rule 27(6) of the Industrial Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
Chairman:
Date and place of hearing: 5 January 2010, Belfast.
Date decision recorded in register and issued to parties: