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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Dorman v Ravenblack Developments Ltd [2010] NIIT 7337_09IT (24 June 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/7337_09IT.html
Cite as: [2010] NIIT 7337_9IT, [2010] NIIT 7337_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 7337/09
7426/09
CLAIMANT: Lynne Maureen Dorman
RESPONDENT: Ravenblack Developments Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment, notice pay and holiday pay totalling £3,499.01. The claim of unfair dismissal is dismissed.
Constitution of Tribunal:
Chairman: Mrs M Watson
Members: Mr J Law
Mr Henry
Appearances:
The claimant was represented by Mr Moore of P.M. Associates.
The respondent was represented by Mr Magill of C & H Jefferson, Solicitors.
Issues
1. Was the claimant entitled to a redundancy payment, holiday pay and notice pay and if so, the amount of that payment. Did the respondent breach the terms of the claimant’s contract in respect of salary increase or bonus payments? The claim for unfair dismissal was withdrawn by Mr Moore.
Facts
2. The claimant was employed by the respondent company as an Executive Assistant from 17 October 2006 until the date of termination of her employment on 31 July 2009.
3. The claimant was aged over 20 years throughout her employment and was paid £1,666.67 per month gross, £1,282.00 per month net at the date of termination. She was also owed contractual notice pay and holiday pay at that date.
4. Mr Magill of C & H Jefferson, Solicitors for the respondent, applied to have the name of the respondent changed to reflect that the claimant’s former employer was Ravenblack Developments Limited. The tribunal agreed and the title of these proceedings is amended accordingly.
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. The claimant was entitled to 2 months notice under the terms of her contract.
8. Employees are also entitled to receive payment for any holidays not taken at the date of termination.
Tribunal’s Determination
9. Applying the statutory provisions to the above facts, the tribunal determines the claimant’s entitlement as follows;
Redundancy Payment
2 weeks @ £350 per week £ 700.00
Notice pay
2 months @ £1,282.00 £2,564.00
Holiday pay
5.5 days @ £42.73 £ 235.01
Total £3,499.01
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 21 May 2010, Belfast
Date decision recorded in register and issued to parties: