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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Finlay v Michael Brown Quay Leisure Ltd [2011] NIIT 01118_11IT (05 August 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/1118_11IT.html
Cite as: [2011] NIIT 1118_11IT, [2011] NIIT 01118_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1118/11
CLAIMANT: Paul Alfred Finlay
RESPONDENT: 1. Michael Brown
2. Quay Leisure Ltd
DECISION
The decision of the tribunal is that the claimant is awarded the sum of £3245.00 in respect of redundancy payment and holiday pay.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Ó Murray
Appearances:
The claimant appeared in person.
The respondents did not appear and were not represented.
Reasons
1. The claimant worked for the respondent from 1997 until he was dismissed without notice by way of redundancy on 9 November 2010. The claimant worked for 13 full years for the respondent at the date of termination of his contract.
2. The claimant earned £120.00 net per week. The claimant was never provided with any payslips nor with any P60s by his employer and was therefore unaware of his gross weekly earnings. In these circumstances I estimate the claimant’s gross earnings to be £150.00 per week.
3. The redundancy calculation therefore is as follows:
The claimant’s age at effective date of termination: 56 years
Number of full years employed: 13 years
13 years x 1½ weeks x £150.00 gross = £2,925.00
4. The holiday year ran from January to January. The claimant worked three days per week so his statutory minimum entitlement of 28 days holidays per year is pro-rated as follows:
3/5 x 28 days = 17 days (rounded up)
Less leave taken = 9 days
Balance leave due = 8 days
Net daily wage = £40.00
Holiday pay calculation:
£40.00 x 8 days = £320.00
5. Total compensation: = £2925.00 + £320.00 = £3245.00
6. Quay Leisure Limited is in administration and was served with proceedings and the notice of hearing care of the administrator. I am therefore satisfied that both respondents are aware of these proceedings and that the Order should be made against both respondents.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 26 July 2011 at Belfast
Date decision recorded in register and issued to parties: