Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:  2776/10         

CLAIMANT:                 Samantha Irene Anne Russell

RESPONDENTS:       1. Department for Employment and Learning

                                    2. Harrison Brooks Trading Limited

DECISION

The decision of the tribunal (Chairman sitting alone) is that the second named respondent is ordered to pay the claimant the sum of £1,067.28.        

Constitution of Tribunal:

Chairman (sitting alone):             Ms J Knight

Appearances:

The claimant was represented by Ms Helen Russell of James L Russell & Son Solicitors.

The first named respondent was represented by Mr Cruikshanks.

The second named respondent was not represented and did not appear.

1.                  The issue to be determined was whether the claimant is owed unpaid wages, notice pay and holiday pay by the second named respondent following the termination of her employment by the second named respondent.

2.                  I considered the originating claim form, the response of the first named respondent, the oral evidence of the claimant, an affidavit and supporting exhibits lodged on behalf of the claimant and a copy of the claimant’s claim for payments from the National Insurance Fund which was supplied by Mr Cruickshanks. No response was lodged on behalf of the second named respondent, which became legally insolvent on 7 June 2010.

3.                  The claimant was employed by the second named respondent from 6 September 2009 until her employment was terminated without notice on 30 December 2009. She was not paid for hours worked by her over the period 21 November 2009 until 21 December 2009. Her average gross weekly pay was 147.90 (£114.09 was the average net figure). At the effective date of termination the claimant had accrued holiday entitlement of 8.81 days. I am satisfied and the parties present agreed that the claimant is entitled to receive four weeks’ arrears of pay in the net sum of £456.36, 8.81 days holiday pay in the net sum of £201.03 and one week’s notice pay in the net sum of £114.09.

4.                  The claimant was not provided with a written statement of her terms and conditions of employment by her former employer and I therefore award her two weeks’ wages pursuant to Article 27(3) of the Employment Rights (NI) Order 1996 amounting to £295.80.

5.                  I therefore order the second named respondent to pay to the claimant the total sum of £1,067.28.

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

Chairman:

Date and place of hearing:    13 April 2011, Belfast

Date decision recorded in register and issued to parties: