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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Irwin v CMM Fuels Ltd [2010] NIIT 00110_11IT (15 March 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00110_11IT.html
Cite as: [2010] NIIT 110_11IT, [2010] NIIT 00110_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 2800/10
110/11
CLAIMANT: Jennifer Irwin
RESPONDENT: CMM Fuels Ltd
DECISION
The decision of the tribunal is that:-
(i) the claimant is entitled to a redundancy payment of £464.00 from the respondent on the basis of the information set out at Paragraph 2 below;
(ii) the respondent company do pay to the claimant the sum of £464.00 in respect of notice pay; and
(iii) the respondent company do pay to the claimant the sum of £576.60 in respect of unpaid holiday pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant appeared in person and was not represented.
The respondent company did not enter a response.
1. At the start of the hearing the name of the respondent was amended to that now shown, to reflect its name at the time it stopped trading.
2(i) The claimant worked for the respondent company from 21 March 2005 until 21 May 2010. She performed clerical and accounting duties. She was made redundant on the latter date when the company ceased trading, apparently because of financial difficulties. She therefore had five years completed service.
(ii) She was aged 33 at the time of dismissal.
(iii) Her pay was £92.80 per week. She was not earning enough to pay tax.
(iv) The appropriate multiplier for calculating her redundancy pay is 5.
(v) She is therefore entitled to £92.80 x 5 = £464.00.
3. I also find that the claimant is entitled to the following:-
(i) Notice pay of £464.00 (5 x £92.80); and
(ii) unpaid holiday pay amounting to £576.60.
4. Although the respondent did not enter a response, the sums set out at Paragraphs 2 and 3 are not in dispute. The claimant set them out in a grievance letter to the respondent company and its owner/director, Mr Ciaran Mulhern, subsequently had a conversation with her in which he told her he did not have the money to pay her.
5. 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 2011, Belfast
Date decision recorded in register and issued to parties: