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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCartney v Harry Boy and Judith McComiske... [2011] NIIT 01911_11IT (02 November 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01911_11IT.html
Cite as: [2011] NIIT 1911_11IT, [2011] NIIT 01911_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1911/11
CLAIMANT: Tracey McCartney
RESPONDENTS: Harry Boy and Judith McComiskey
T/A Saks Hair & Beauty
DECISION
The decision of the tribunal is that the claimant is entitled to redundancy pay in the sum of £1,592.25, notice pay in the sum of £888.18 and holiday pay in the sum of £127.38.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented herself.
The respondents did not appear and were not represented.
1. The claimant was employed by the respondents until her employment ended on 28 June 2011. The claimant was 44 years old at the date of dismissal and had 11 years’ continuous service with the respondents. At the date of termination of employment the claimant’s gross weekly wage was £127.38 and her net wage was £127.38. The claimant was dismissed by a telephone call, saying the business had closed. She received no notice pay and had outstanding holiday entitlement of one week. She received Jobseeker’s Allowance in the sum of £57.00 per week from mid-July 2011 and started a new job on 14 September 2011 earning £100.00 per week.
2. I am satisfied that the claimant’s claims are well-founded. The claimant is entitled to redundancy pay in the sum of £1,592.25. The claimant is also entitled to 11 weeks’ notice pay based on her weekly wage, less any other monies received during the notice period. In this case the claimant would have received nine weeks of JSA. The claimant is entitled to £888.18 for notice pay.
3. The claimant is entitled to one week’s holiday pay based on her net weekly pay. The claimant is entitled to £127.38 in respect of holiday pay.
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 26 October 2011, Belfast
Date decision recorded in register and issued to parties: