Industrial Tribunals Northern Ireland Decisions

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1510/10

CLAIMANT: Paula Carey

RESPONDENTS: 1. Joseph Dunlop

2. Employment Rights Branch

DECISION

The unanimous decision of the tribunal is that the first named respondent should pay to the claimant the sum of £2,121.96 in respect of redundancy pay, pay in lieu of notice, arrears of pay and holiday pay.

Constitution of Tribunal:

Chairman: Ms J Knight

Members: Mr P Killen

Mr R Gunn

Appearances:

The claimant appeared in person and represented herself.

The first named respondent did not appear.

The second named respondent was represented by Mr P Curran, from the Department for Employment and Learning.

Issues

1. The issue to be determined by the tribunal was whether the claimant is entitled to be paid a redundancy payment, pay in lieu of notice, unpaid wages and holiday pay following the termination of her employment on 26 April 2010 by reason of redundancy.

2. The tribunal heard the oral evidence of the claimant and considered documentation provided by her in support of her claim. The claimant Ms Carey was employed by the first named respondent, Joseph Dunlop, as a Secretary/Office Worker from 6 December 2004 until 26 April 2010. She worked 37 hours each week and was entitled to 28 days holiday per annum. She did not receive any wages for the first week of her employment which was a “lying week”. Her gross weekly pay was £200 per week. She did not have a written contract of employment.

3. The claimant was advised by the first named respondent that her employment was terminated with effect from 26 April 2010. She subsequently learned that her employer had gone into bankruptcy. At the effective date of termination the claimant was 24 years old.

4. Having heard the evidence the tribunal was satisfied that the claimant is entitled to be paid the following sums by the respondent:-

	Statutory Redundancy pay:		£751.10

	Pay in lieu of notice:		£1,073.00

	Arrears of Pay:		£214.60

	1.94 days holiday pay		__ £83.26
	Totalling:		£2,121.96

5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.

Chairman:

Date and place of hearing: 1 September 2010, Belfast.

Date decision recorded in register and issued to parties:

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