Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2011/01783_11IT.html
Cite as: [2011] NIIT 01783_11IT, [2011] NIIT 1783_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1783/11

CLAIMANT: Vilena Hzustaljova-Guzhova

RESPONDENT: Ciaran Toman t/a Zip Yard

DECISION

(A) The claimant’s claim in respect of holiday pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £490.

(B) The claimant’s claim in respect of notice pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £490 in respect of notice pay.

(C) The claimant’s claim in respect of a redundancy payment is well-founded and it is declared that the claimant is entitled to receive a redundancy payment of £490 from the respondent.

Constitution of Tribunal:

Chairman: Mr P Buggy

Members: Mr I Savage

Ms K McCrudden

Appearances:

The claimant

The respondent was represented by

REASONS

1. We announced our decision at the end of this hearing. At the same time, we gave oral reasons for that decision. Accordingly, what follows is by way of summary only.

2. We were satisfied that the claimant was employed by the respondent for more than two years, but for less than three years, and that she was dismissed without notice, by reason of redundancy, at the end of May 2011.

3. We were satisfied that, at the time of her dismissal, the claimant had accrued 10 days holidays which she had not yet taken. We were satisfied that the claimant obtained no other employment (no employment with somebody other than Mr Toman) during her notice period. We are unclear as to whether the claimant had any entitlement to social security benefits during her notice period. We are not sure that the claimant would have been liable to tax in respect of any payments from the employer, if he had paid her during her notice period. (The claimant was due to go off on maternity leave soon after the date on which she was dismissed). The claimant is in her early 30s. We are satisfied that she worked approximately 40 hours per week while employed by the respondent. We are satisfied that she had a contractual entitlement to be paid the sum of £6.10 per hour in respect of her work, and that her gross pay was approximately £245 per week. We are satisfied that, with the exception of her holiday pay, all of the claimant’s wages, up to the point of he dismissal, were paid in full.

4. In these proceedings, the claimant makes complaints only in respect of the following matters. First, she says that she is entitled to holiday pay, which has not been paid to her. Secondly, she says that she was dismissed without notice, and therefore is entitled to notice pay. Thirdly, she says she is entitled to redundancy pay. (We are satisfied that, although other “boxes” have been ticked in the claim form, the claims which the claimant actually wishes to pursue, in these proceedings, consist only of the three claims which have been listed earlier in this paragraph).

5. At the beginning of this hearing, we informed the claimant that the respondent, Mr Toman, had telephoned the office of the industrial tribunals at the beginning of October 2011, and had stated that he would shortly be made bankrupt.

6. We noted that the claimant has made an application to the Department for Employment and Learning (“the Department”), in the Department’s role as the statutory guarantor in respect of certain debts. A copy of this Decision will be sent to the Department.

7. During the course of this hearing, the claimant provided us with some miscellaneous documents, including a P45, a P60, a letter of dismissal, a contract of employment, and some pay-slips.

8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) (Northern Ireland) Order 1990.

Chairman:

Date and place of hearing: 6 December 2011 at Belfast.

Date decision recorded in register and issued to parties:

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