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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Green v Imagine8 Int Limited [2011] NIIT 00822_11IT (14 June 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00822_11IT.html
Cite as: [2011] NIIT 822_11IT, [2011] NIIT 00822_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 822/11
CLAIMANT: Valerie Green
RESPONDENT: Imagine8 Int Limited
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment of £675.00 together with £360.00 notice pay, and £90.00 holiday pay, totalling £1125.00.
Constitution of Tribunal:
Chairman (sitting alone): Mr S A Crothers
Appearances:
The claimant was present and represented herself.
The respondent had not entered a response to the claimant’s claim, and was not present.
The Claim
1. The claimant claimed redundancy pay, notice pay and 1.5 days holiday pay.
The Issues
2. The issues before the tribunal were as follows:-
(i) Is the claimant entitled to a redundancy payment?
(ii) Is the claimant entitled to a payment in-lieu of notice?
(iii) Is the claimant entitled to holiday pay?
Sources of Evidence
3. The tribunal heard evidence from the claimant and considered correspondence from the respondent to the claimant dated 15 September 2010 in respect of redundancy.
Findings of Fact
4. Having considered the evidence insofar as same related to the issues before it, the tribunal made the following findings of fact on the balance of probabilities:-
(1) The claimant’s date of birth was 10 November 1961. She worked for the respondent from 1 April 2004 until 15 September 2010 being the effective date of termination of her employment. The claimant worked four days per month (1 day per week). Her gross monthly pay was £300.00 and her net monthly pay was £240.00.
(2) The tribunal is satisfied that the claimant was made redundant.
The Law
5. The tribunal considered the relevant provisions in the Employment Rights (Northern Ireland) Order 1996 together with the relevant provisions of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 in relation to breach of contract.
Conclusions
6. Having considered the evidence and the facts as found the tribunal concludes as follows:-
(i) The claimant is entitled to a redundancy payment calculated as follows:-
On the termination of her employment she had 6 completed years service and was aged 48. Her pay was £75.00 gross per week.
The appropriate multiplier for calculating her redundancy payment is:-
75 x 9 = £675.00.
(ii) The claimant, by virtue of her service, is entitled to 6 weeks notice pay at £60.00 per week, amounting to £360.00.
(iii) I further order the respondent to pay to the claimant the sum of £90.00 in respect of holiday pay.
(iv) The total amount to be paid by the respondent is therefore £1125.00.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 8 June 2011, Belfast.
Date decision recorded in register and issued to parties: