Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   44/10

 

 

CLAIMANT):                     Ewa Anna Szeniak          

 

 

RESPONDENT:                Ashley Adams                 

 

 

DECISION

 

 

The decision of the tribunal is that the claimant is entitled to unpaid holiday pay and notice pay and a redundancy payment as calculated below.

 

 

 

Constitution of Tribunal:          

 

Chairman (sitting alone):                     Mr Cross               

 

 

 

Appearances:

 

The claimant appeared in person and was not represented.

 

The respondent appeared in person and was not represented.

 

 

Findings of Fact

 

1.       The parties agreed the facts of this matter and they were presented to the tribunal as follows.

2.       The claimant was born on 21 April 1986 and commenced employment as a dish    washer in the respondent’s restaurant on 1 August 2005.

 

3.       The claimant was paid £114.60 gross per four day week and her average net pay     amounted to £114.09 per week.

4.       Unfortunately the business had to close on 6 November 2009, when the claimant        was made redundant.

5.       The claimant was paid no notice pay although she did receive her wages up to the      date of termination. She was however entitled to seven days holiday pay.

                   

 

Calculation of award

6.       The claimant is entitled to four weeks notice pay, being one week for each year of          employment with the respondent.

7.       The claimant is also entitled to her unpaid holiday pay, for seven days not taken as        holiday at the time the respondent closed the restaurant. The claimant worked a      four day week so her daily rate of pay is £114.09 x 52 divided by 208 days = £28.52         per day.

8.       The claimant is entitled to a redundancy payment as calculated below.

 

Calculation

 

4 weeks pay in lieu of notice, at £114.09 per week                                £456.36

7 days holiday pay at £28.52 per day                                                     £199.64

Redundancy entitlement 2.5 x £114.60                                                  £286.50

                                                                                                                           -----------

Total payable                                                                                          £942.50

 

 

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

 

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing: 10 March 2010, Belfast

 

 

Date decision recorded in register and issued to parties: