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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Miller v CI Restaurant Ltd [2011] NIIT 00452_11IT (09 December 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00452_11IT.html
Cite as: [2011] NIIT 00452_11IT, [2011] NIIT 452_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 452/11
CLAIMANT: Gavin Gerard Miller
RESPONDENT: CI Restaurant Limited
DECISION ON REMEDIES
(In an earlier decision, “the First Decision”, I have already found that the claimant’s claims against the respondent, in these proceedings, in respect of wages and holiday pay, to be well-founded). The purpose of the present Decision is to determine the extent of any compensation due to the claimant. It is determined and ordered that the respondent shall pay to the claimant the sum of £3,300 in respect of wages and £1,560 in respect of holiday pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
The respondent was debarred from participating in the proceedings (because it had not presented any response).
REASONS
1. At the end of the remedies hearing, I delivered my decision. At the same time I gave reasons for my decision. What follows is by way of summary only.
2. I was satisfied that the claimant was entitled to wages of £300 per week. I was not satisfied that he was entitled to £300 per week plus a notional figure in respect of tax which should have been deducted from his wages. I was satisfied that he was owed 11 weeks wages. I was satisfied that he was owed 5.2 weeks pay in respect of accrued holiday pay entitlements which had not been taken by the time of his dismissal.
3. The claimant’s claims in respect of wages and holiday pay must be regarded as being unopposed, because nobody has sought to participate in these proceedings on behalf of the current respondent.
4. The respondent is not currently insolvent within the meaning of Article 208 of the Employment Rights (Northern Ireland) Order 1996. Accordingly, the Department for Employment and Learning (“the Department”), in its role as the statutory guarantor in respect of certain debts, currently has no power to make any payment to this claimant, even if he makes an application to the Department for payment in respect of any unpaid amounts which will become due to the claimant pursuant to this Decision.
5. If however, in due course, the respondent does become formally insolvent, the Department would then have the power to make payments to the claimant in respect of those unpaid amounts. At that time, it would be open to the Department to apply for review of this Decision, while at the same time seeking an extension of time in respect of that application for review.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) (Northern Ireland) Order 1990.
Chairman:
Date and place of hearing: 1 December 2011, Belfast.
Date decision recorded in register and issued to parties: