Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   238/10

 

 

 

CLAIMANT:                      Patricia Stucki

 

 

RESPONDENT:                Omnisoft Services Ltd

 

 

 

DECISION ON REMEDY

 

The decision of the tribunal is that the respondent is ordered to pay the claimant £262.57 in respect of notice pay, £133.90 for arrears of wages, and £210.04 holiday pay, totalling £606.51.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr S A Crothers

 

Appearances:

The claimant appeared in person and represented herself.

The respondent did not enter a response to the claim and was not present at the hearing.

 

1.               A default judgment was made against the respondent on 16 March 2010 in the following terms:-

 

“The time for presenting a response having expired I find that the claimant’s complaints in respect of pay in lieu of notice, right to receive itemised pay statement, arrears of pay and holiday pay are upheld. 

 

Any remedy to which the claimant is entitled shall be determined at a hearing, notice of which will be issued shortly.”

 

The issue

 

2.               The issue before the tribunal was:-

 

How much is the claimant entitled to pursuant to the default judgment?

 

Sources of evidence

 

3.               The tribunal heard evidence from the claimant who had obtained guidance from the Labour Relations Agency. 

 

Findings of fact

 

4.               Having considered the evidence insofar as same related to the issue before it, the tribunal made the following findings of fact on the balance of probabilities:-

 

(i)       The claimant presented her claim to the tribunal on 28 January 2010.  There was no detailed computation of alleged loss in her claim form.  However, the respondent paid her a sum of £250 in mid-March.  Correspondence to the tribunal from the respondent dated 24 March 2010 indicated that further payments of £250 would be paid to the claimant at the beginning of April and by the second week in April 2010.  No further payments had in fact been made.  The respondent did not seek to review the default judgment.  A copy of the correspondence of 24 March 2010 from the respondent was copied to the claimant.  The claimant indicated that she wished to proceed with her claim on the date set for hearing. 

 

(ii)      The tribunal was satisfied that the claimant was employed by the respondent from 15 June 2009 until 28 August 2009.  She was due a payment of £37.80 in respect of her second salary together with an amount for the period from 15 August to 21 August 2009.  She had not received one week’s notice pay of £262.57.  The difference between the pay she was entitled to during her employment (apart from the week’s notice) amounted to £2,625.70.  She had actually been paid £2,237.80, the difference being £387.90.  The tribunal is satisfied, on the evidence, that the claimant is owed this amount representing the sum of £37.80 balance owed to her in respect of her second salary from the respondent and its predecessor in title, together with the amount owed from 15 – 21 August 2009.  In addition, the tribunal is satisfied that the claimant is entitled to 3.9 days leave (rounded to four days) at a daily rate of £52.51.  The claimant was not provided with itemised pay statements on a number of occasions. 

 

The law

 

5.               The law in relation to annual leave entitlement is contained in Regulation 13 of the Working Time Regulations (Northern Ireland) 1998, as amended by subsequent Regulations.  The law in relation to breach of contract is contained in the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994, and, in relation to unlawful deductions from wages, in Part IV of the Employment Rights (Northern Ireland) Order 1996. 

 

Conclusions

 

6.               Having considered the evidence together with the findings of fact and the relevant law, the tribunal concludes as follows:-

 

(i)       The claimant is entitled to one week’s notice pay         =          £262.57

 

(ii)      The claimant is entitled to a sum of arrears in

relation to unpaid salary                                             =          £387.90

 

(iii)            I further order the respondent to pay to the claimant a sum

in respect of four days holiday pay (£52.51 x 4)           =          £210.04

                                                                      Total            £860.51

 

(iv)           The total amount to be paid to the claimant is therefore £606.51, taking into account the payment of £254.00 made by the respondent in mid-March 2010.  (£860.51 minus £254.00 = £606.51.)

 

7.       This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         7 April 2010, Belfast

 

 

Date decision recorded in register and issued to parties: