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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Herald v M Kelly Construction (in liqui... [2010] NIIT 01719_10IT (08 February 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01719_10IT.html
Cite as: [2010] NIIT 1719_10IT, [2010] NIIT 01719_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1719/10
CLAIMANT: Kieran Patrick Herald
RESPONDENT: M Kelly Construction (in liquidation)
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to £2,312.00 statutory redundancy pay, £2,095.28 notice pay, and £377.13 holiday pay. The total sum due to the claimant is £4,784.41.
Constitution of Tribunal:
Vice President: Mr N Kelly
Members: Mr J Smyth
Mr J McKeown
Appearances:
The claimant was represented by Mr Lyness of the Limavady Community Development Institute.
The respondent did not attend and was not represented.
Facts
1. The claimant was employed as a skilled labourer from an unknown date in April 2002 to 30 April 2010. The claimant’s evidence was that he started work about the middle of April 2002 and the tribunal therefore, in the absence of any other evidence, finds that his employment started on 15 April 2002. He was made redundant without notice on 30 April 2010.
2. The claimant therefore had eight completed years service and was aged 34 at the date of dismissal.
3. The claimant’s oral evidence was that his gross weekly pay was £340.00 and that his net weekly pay was around £275.00. The claimant confirmed that he did not work overtime and had a working week of 42.5 hours. He produced only two pay-slips. Those showed that his hourly rate was £6.80 and therefore that his gross weekly wage was £289.00. The two pay-slips for week ending 16 April 2010 and week ending 26 March 2010 showed different net figures. The tribunal is, however, satisfied that the correct net weekly figure is £261.91.
4. The tribunal therefore concludes that the claimant’s gross weekly pay was £289.00 and his net week pay was £261.91.
5. The claimant was entitled to 28 days paid holiday annually. The leave year ran from 1 January to 31 December. The claimant had taken two days paid holiday in the 2010 leave year.
6. The claimant had not been given notice and had not been paid in lieu of notice.
7. The claimant is entitled to statutory redundancy pay calculated as follows:-
8 x 1 x £289.00 (gross weekly pay) £2,312.00
8. The claimant is entitled to notice pay calculated as follows:-
8 x £261.91 £2,095.28
9. The claimant is entitled to holiday pay calculated as follows:-
Accrued annual leave to date of dismissal –
120/365 x 28 9.2 days
Less two days taken 7.2 days
Average daily net pay £52.38
7.2 x £52.38 £ 377.13
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 28 January 2011, Limavady
Date decision recorded in register and issued to parties: