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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Lavery v Axellis Medical Technologies L... Department of Employment & Lea... [2011] NIIT 00487_11IT (30 September September 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00487_11IT.html
Cite as: [2011] NIIT 00487_11IT, [2011] NIIT 487_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 487/11
CLAIMANT: Michael Lavery
RESPONDENT: 1. Axellis Medical Technologies Limited (In liquidation)
2. Department of Employment & Learning
DECISION
The decision of the tribunal is that the claimant is entitled to compensation for unpaid holiday pay amounting to £912.00, to be paid by the second named respondent.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Cross
Appearances:
The claimant appeared in person and was not represented.
The first named respondent did not appear and was not represented.
The second named respondent was represented by Mr Cruickshanks
Decision
1.
The claimant's
employment with the first named respondent ended on 12 February 2010, when the
first named respondent became insolvent and entered into liquidation. The
claimant received from the second named respondent a redundancy payment, unpaid
wages and compensation for statutory notice. He did not receive compensation
for unpaid holiday pay due to him.
2.
When his
employment ended the claimant was entitled to the following amount of outstanding
holiday pay. Nine days left over from the previous year and three days for the
current year. This amounted to 12 days unpaid holiday pay. This sum was not
paid, as the claimant was unable to show to the second named respondent the
records relating to his holiday entitlement. However he has given evidence to
this tribunal of his entitlement. The tribunal therefore award to the claimant
12 days holiday pay.
3. The claimant's remuneration amounted to £3,000 per month but the amount of holiday pay that can be paid to the claimant by the second named respondent is capped at £380 a week. The sum awarded and set out below is therefore based on that figure.
Award
£76.00 per day for 12 days = £912.00
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 24 August 2011, Belfast.
Date decision recorded in register and issued to parties: