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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Bittles v Ravenblack Developments Ltd [2010] NIIT 6920_09IT (08 June 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/6920_09IT.html
Cite as: [2010] NIIT 6920_09IT, [2010] NIIT 6920_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6920/09
CLAIMANT: John Campbell Bittles
RESPONDENT: Ravenblack Developments Ltd
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment, notice pay and holiday totalling £8,280.59.
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
Appearances:
The claimant was present and represented himself
The respondent did not attend
Issue
1. Was the claimant entitled to a redundancy
payment and if so, the amount of that payment.
Facts
2.
The claimant was employed by the
respondent company as a labourer from
1 September 1998 until the date of termination of his employment on 31 July
2009.
3. The claimant was aged over 40 years throughout his employment and he was paid £375.23 per week gross, £294.23 per week net at the date of termination. He was also owed notice pay and holiday pay at that date.
4. The respondent had not lodged a response to the claim but Mr Magill of C & H Jefferson, Solicitors for the respondent, confirmed to the tribunal that the respondent did not dispute the above facts.
Legal Provisions
5. The Employment Rights (Northern Ireland) Order 1996 (as amended) provides that an employee who is redundant, as defined by Article 174, is entitled to a redundancy payment.
6.
The amount to be paid is
calculated under Article 197 by reference to the employee’s age and length of
service at the date of termination subject to a qualifying period of at least 2
years continuous employment. There is also a cap on the week’s wage payable
which was £350 at the date of termination.
7.
Article 118 of the 1996 Order
provides that employees are entitled to notice of one week for each year of
their employment up to a maximum of 12 weeks.
8. Employees are also entitled to receive payment for any arrears of wages and payment in lieu of holiday pay.
Tribunal’s Determination
9. Applying the statutory provisions to the above facts, the tribunal determines the claimant’s entitlement as follows:
Redundancy Payment
15 weeks @ £350 per week £5,250.00
Notice pay
9 weeks @ £294.23 £2,648.07
Holiday pay
6.5 days @ £58.85 £ 382.52
Total £ 8,280.59
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990
Chairman:
Date and place of hearing: 20-21 May 2010, Belfast
Date decision recorded in register and issued to parties: