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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Daniels v Mplex Ltd [2011] NIIT 01459_11IT (11 November 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01459_11IT.html
Cite as: [2011] NIIT 01459_11IT, [2011] NIIT 1459_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1459/11
CLAIMANT: Deborah Daniels
RESPONDENT: Mplex Ltd
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to £4,342.07 in respect of redundancy pay, notice pay, holiday pay and unpaid wages.
Constitution of Tribunal:
Chairman (sitting alone): Mrs F Oliver
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The issue for the tribunal is whether the claimant is entitled to redundancy pay, notice pay, holiday pay and unpaid wages in respect of her employment.
2. The claimant’s date of birth is 12 January 1968.
3. The claimant was employed by the respondent from 1 April 2004 until 13 May 2011.
4. The claimant was entitled to five week’s holiday pay and statutory days each year. The holiday year ran from 1 August to 31 July.
5. The claimant handed in a pay slip indicating that she was earning £252.40 gross per week and she informed the tribunal that she was earning £211.17 net per week equating to £42.24 per day and I accept these figures.
6. On 15 May 2011, the claimant received a letter from the Managing Director of the respondent company making her redundant with immediate effect. The director indicated in that letter that the company was not able to pay her entitlement to redundancy pay, notice pay or holiday pay.
7. The claimant did not receive payment for her two weeks work in May.
8. The claimant did not receive notice or pay in lieu of notice. The claimant was entitled to receive one week’s notice for every year she had worked.
9. At the date of dismissal, the claimant had taken two weeks holiday and the statutory holidays. On a pro rata basis she was entitled to 20 days of holiday pay at the date of dismissal.
10. The claimant was aged 43 at the date of termination. At that time she had been employed for 7 complete years. The claimant was earning £252.40 per week gross. The claimant is therefore entitled to a redundancy payment of £2,019.20 being 5 years at once gross pay and two years at 1.5 times gross pay.
11. The claimant is entitled to unpaid wages of two weeks net pay being 2 x £211.17 making £422.34.
12. The claimant is entitled to seven weeks notice pay being 7 x £211.17 making £1,478.19.
13. The claimant is entitled to a balance of two weeks holiday pay being 2 x £211.17 making £422.34.
14. The claimant is entitled to a total of £4,342.07
15. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 14 September 2011, Belfast
Date decision recorded in register and issued to parties: