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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Sirutavicius v Department for Employment and ... Department for Employment and ... [2011] NIIT 02307_10IT (17 October 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/02307_10IT.html
Cite as: [2011] NIIT 02307_10IT, [2011] NIIT 2307_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 2307/10
2308/10
CLAIMANTS: 1. Riciardas Sirutavicius
2. Andrejus Vasilenko
RESPONDENT: Department for Employment and Learning
DECISION ON REVIEW
It is the decision of the tribunal that this decision be altered on review to amend the figures awarded for holiday pay as the decision promulgated on 11 August 2011 did not take account of the provisions of Articles 229(1)(c)(ii) and 230(a) of the Employment Rights (NI) Order 1996.
Constitution of Tribunal:
Chairman: Ms W A Crooke
1. Pursuant to Rule 34(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 2005:-
“a tribunal or chairman may on its or his own initiative review a decision made by it or him on the grounds listed in paragraph (3) or (4).”
2. The relevant ground in this case is that the interests of justice require a review.
3. Under Article 229(1)(c):-
“any holiday pay - (is defined as)
(i) In respect of a period or periods of holiday not exceeding six weeks in all; and
(ii) To which the employee became entitled during the 12 months ending with the appropriate date.”
4. Under Article 230(a) the appropriate date is defined as:-
“in relation to arrears of pay ... and to holiday pay, means the date on which the employer became insolvent.”
5. Tinnelly International Transport Limited went into administration on 12 November 2009.
Therefore the period for consideration of holiday pay entitlement is the 12 months ending on that date and not any of the previous years set out in paragraph 10 of the original decision. In the year commencing in 12 November 2008, the claimants accrued 1.5 days for the month of November 2008, two days in December 2008 and two days in January 2009 making the total amount of holiday due 5.5 days for each of them.
5.5 days x £100.00 = £550.00
6. Consequently, paragraphs 10 and 11 of the original decision are hereby amended to substitute the figure of £550.00 for the figure of £3,000.00 in respect of the declaration of entitlement to holiday pay.
7. Page one of the decision is therefore amended to substitute the figure of £1,875.00 as the total amount declared due to Mr Sirutavicius and £3,040.00 as the total amount due to Mr Vasilenko.
Chairman:
Date decision recorded in register and issued to parties: