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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Moffatt v Graham & Heslip Limited (in Ad... [2010] NIIT 377_10IT (16 November 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/377_10IT.html
Cite as: [2010] NIIT 377_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 377/10
CLAIMANT: Kenneth Moffatt
RESPONDENT: Graham & Heslip Limited (In Administration)
DECISION
The decision of the tribunal is that the claimant is entitled to holiday pay in the sum of £1,250.24.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant was represented by Mr P Upson, Solicitor, of Thompsons McClure, Solicitors.
The respondent did not appear and was not represented.
1. The respondent is in administration and Mr Upson confirmed at the outset that the Administrator’s consent to these proceedings had been obtained.
2. The claimant was made redundant and his employment terminated on 20 November 2009. I am satisfied, on the evidence of the claimant, that he had a contractual entitlement to ‘banked’ holidays, ie holidays which he had been allowed by the respondent to carry over. The claimant had carried over 16 days of holidays. Entitlement for holiday pay is based on the net pay of the claimant. Based on his last monthly salary, I estimate that the claimant’s net daily pay is £78.14. I therefore find that the claimant is entitled to £1,250.24 for holiday pay.
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 5 November 2010, Belfast
Date decision recorded in register and issued to parties: