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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGovern v Tony Pinion [2011] NIIT 01045_11IT (28 September September 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01045_11IT.html
Cite as: [2011] NIIT 01045_11IT, [2011] NIIT 1045_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1045/11
CLAIMANT: Nicola McGovern
RESPONDENT: Tony Pinion
DECISION
The decision of the tribunal is that the claimant is entitled to £2,019.10 notice pay, £1,569.61 redundancy pay and £80.76 holiday pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr S A Crothers
Appearances:
The claimant appeared and represented herself.
The respondent had not entered a response to the claim. However, the respondent attended to assist the claimant.
The Claim
1. The claimant claimed that she was entitled to a redundancy payment, a notice payment, and an amount for outstanding holiday pay.
The Issues
2. The issues before the tribunal were as follows:-
(1) Whether the claimant is entitled to a sum in respect of notice pay.
(2) Whether the claimant is entitled to a redundancy payment.
(3) Whether the claimant is entitled to a sum in respect of outstanding holiday pay.
Sources of Evidence
3. The tribunal heard evidence from the claimant and considered relevant documentation in the course of the hearing.
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:-
(i) The claimant commenced employment with the respondent on an unspecified date in June 2000 until 30 November 2010, being the effective date of termination of her employment. The claimant’s date of birth is 26 September 1984. She was aged 26 at the effective date of termination of her employment. Her gross weekly wage was £224.23 (£201.91 net).
(ii) The tribunal is satisfied that the claimant was made redundant by the respondent and that she did not receive a redundancy payment, notice pay, or an amount outstanding in respect of two days holiday pay.
The Law
5. (i) Article 170 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”) states as follows:-
“170. - (1) An employer shall pay a redundancy payment to any employee of his if the employee:-
a. Is dismissed by the employer by reason of redundancy, …
(2) Paragraph (1) has effect subject to the following provisions of this Part (including, in particular, Articles 175 - 179, 184 - 187, 190 - 196 and 199).”
(ii) Article 180(5) of the Order provides as follows:-
“Where -
a. the contract of employment is terminated by the employer;
b. the notice required by Article 118 to be given by an employer would, if duly given on the material date, expire on a date later than the relevant date (as defined by the previous provisions of this Article).
For the purposes of Articles 23(3), 190 and 197(1) the later date is the relevant date.”
(iii) Article 180(6) provides that “the material date” means the date when notice of termination was given by the employer, or where no notice was given, the date when the contract of employment was terminated by the employer.
(iv) Article 197
of the Order provides for the amount of redundancy payment.
(v) The tribunal also considered the provisions of the Order relating to unlawful deductions from wages, together with the relevant provisions of the Working Time Regulations 1998 (as amended), insofar as relevant.
(vi) The provisions in relation to breach of contract are contained in the Industrial Tribunal’s Extension of Jurisdiction Order (Northern Ireland) 1994.
Conclusions
6. Having applied the relevant principles of law to the findings of fact, the tribunal concludes as follows:-
(1) The claimant is entitled to ten weeks notice payment at £201.91 per week = £2,019.10.
(2) The claimant is further entitled to a redundancy payment of £224.23 x 7 = £1,569.61,
(3) The tribunal is also satisfied that the claimant is entitled to two days outstanding holiday pay at £40.38 x 2 = £80.76.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 19 September 2011, Belfast.
Date decision recorded in register and issued to parties: