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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Stan v Harleys Cafe Bar & Restaurant ... [2011] NIIT 1089_10IT (17 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/1089_10IT.html
Cite as: [2011] NIIT 1089_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1089/10
CLAIMANT: Veronica Stan
RESPONDENTS: 1. Harleys Café Bar & Restaurant Ltd
2. Kieran Bradley T/a Harley’s American Café Bar & Steakhouse
3. Department for Employment & Learning
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to:-
(a) redundancy payment of £290.00; and
(b) holiday pay of £112.10.
Constitution of Tribunal:
Chairman: Mr Patrick Kinney
Members: Mr Ian Carroll
Mr Robert Hanna
Appearances:
The claimant did not appear and was not represented.
The first and second-named respondents did not appear and were not represented.
The third-named respondent was represented by Mr Cruikshanks of Department for Employment & Learning.
Facts
1. The claimant did not attend hearing today but the tribunal considered the claim form and the response lodged by the respondents acknowledging the debt and it has therefore considered the claimant’s claim in her absence. She was 38 years old at the date of termination of her employment. She was employed by the second-named respondent, Kieran Bradley, from 15 August 2007 until the date of the termination of her employment on 21 January 2010. The claimant was dismissed by reason of redundancy. The claimant earned £145.00 per week gross and £112.10 per week net. She is entitled to two weeks’ redundancy pay based on her gross wages, making a total £290.00.
2. The claimant contacted the company accountant who assisted her in filling in a RP1 form for the purposes of the third-named respondent. The employer agreed the content of the form and, in particular, agreed the claimant’s holiday entitlement at 5 days based on her net pay being £112.10.
3. After hearing the evidence of the claimant, the tribunal is satisfied her claims are well-founded and the tribunal makes the following awards:-
Redundancy pay
The claimant is entitled to two week’s redundancy pay based on her gross weekly pay which the tribunal calculates to be £290.00. The claimant is therefore entitled to £290.00 in respect of redundancy pay.
Holiday pay
The claimant is entitled to 5 days’ holiday pay. This is based on the claimant’s net weekly wage which the tribunal presumes is the same as the gross weekly wage in the circumstances of this case. The claimant is therefore entitled to £112.10 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 November 2010, Belfast
Date decision recorded in register and issued to parties: