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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Stewart v GTN Investments Ltd [2011] NIIT 01969_11IT (21 December 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01969_11IT.html
Cite as: [2011] NIIT 01969_11IT, [2011] NIIT 1969_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1969/11
CLAIMANT: Andrew Stewart
RESPONDENT: GTN Investments Ltd
DECISION
The claimant is entitled to receive redundancy pay, notice pay, holiday pay and unpaid wages as detailed below.
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
Appearances:
The claimant presented his own claim.
The respondent did not appear and was not represented.
FACTS
1. The claimant was employed as an Accounts Clerk from April 2001 until 31 August 2011 when the respondent ceased trading.
2. The claimant was aged over 21 years throughout his employment.
3. The claimant did not receive any salary for July or August 2011.
4. The claimant had 24 days outstanding holiday entitlement at the date of termination of his employment.
5. The claimant was paid £2,083.33 per month gross, £1,613.49 net.
LEGAL PROVISIONS
6. The legal provisions relating to redundancy are largely contained in the Employment Rights (Northern Ireland) Order 1996 (as amended).
7. Article 118 of the ERO provides that employees are entitled to one week’s notice for each year of employment.
8. Article 197 provides that the amount of a redundancy payment to be received is calculated by reference to an employee’s age and length of service at the date of termination subject to a minimum of 2 years employment. The week’s wage payable is capped at £400.00 per week.
9. The claimant was also entitled to be paid for any unused holiday entitlement.
COMPENSATION
10. Applying the above legal provisions to the facts above, the claimant is entitled as follows:-
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Redundancy Pay |
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10 x £400.00 |
= |
£4,000.00 |
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Notice Pay |
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10 x £372.34 |
= |
£3,723.40 |
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Holiday Pay |
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24 x £74.47 |
= |
£1,787.28 |
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Unpaid Salary |
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2 x £1,613.49 |
= |
£3,226.98 |
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Total |
= |
£12,737.66 |
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11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 29 November 2011, Belfast.
Date decision recorded in register and issued to parties: