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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Walls v John Spratt & Co [2010] NIIT 02388_10IT (04 March 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/02388_10IT.html
Cite as: [2010] NIIT 02388_10IT, [2010] NIIT 2388_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2388/10
CLAIMANT: Andrew Walls
RESPONDENT: John Spratt & Co
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a sum of £640.00 from the respondent for two weeks unpaid notice pay.
Constitution of Tribunal:
Chairman: Mr Patrick Cross
Panel Members: Dr Carol Ackah
Mr Aubrey Crawford
Appearances:
The claimant appeared in person and was not represented.
The respondent did not appear and was not represented.
Findings of Fact
1. The claimant worked for the respondent from September 2006 until he was dismissed without notice, for redundancy on 17 August 2010.
2. The claimant was paid his redundancy entitlement but the sum paid as wages in lieu of notice was incorrect. The claimant had completed three years employment with the respondent and would be entitled to three week’s notice, under the provisions of Article 118 (1) (b) of the Employment Rights (Northern Ireland) Order 1996.
3. The respondent gave the claimant one weeks pay in lieu of notice. When the claimant remonstrated with him concerning the remaining two weeks pay in lieu of notice the respondent told him that he would be paid no more. The claimant commenced these tribunal proceedings claiming the additional weeks pay. The respondent did not make any response to the claim.
Decision
4. The claimant claims the unpaid pay in lieu of notice. The tribunal find that the claimant had completed three years of employment with the respondent and should have received three weeks pay instead of which he received one weeks pay. The tribunal therefore award an extra two weeks pay at the rate of £320.00 per week, a total of £640.00. This sum to be paid by the respondent to the claimant.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest Order) (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 1 February 2011, Belfast
Date decision recorded in register and issued to parties: