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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Madden v CraftChoice Distressed Pine Lt... [2011] NIIT 1911_10IT (21 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/1911_10IT.html
Cite as: [2011] NIIT 1911_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1911/10
CLAIMANT: Andrew William Madden
RESPONDENTS: 1. CraftChoice Distressed Pine Ltd
2. Katherine Mailey
3. Ivan Reilly
DECISION
The unanimous decision of the tribunal is that the claimant was unfairly dismissed by the first-named respondent and that compensation in that respect of £14,378.41 is awarded. The claimant is also awarded £547.85 in respect of holiday pay and £573.74 in respect of the respondent’s failure to provide a written statement of particulars of employment. The total sum awarded is therefore £15,500.00. A Recoupment Notice is attached to this decision in respect of Jobseeker’s Allowance claimed since dismissal.
Constitution of Tribunal:
Chairman: Mr Noel Kelly
Members: Mr James Barbour
Mr Robert Hanna
Appearances:
The claimant was represented by Mr H Lyness, of Limavady Community Development Initiative.
The respondents did not attend and were not represented. No responses had been entered.
Facts
1. The claimant was employed by the first-named respondent. No claim can properly be made against the second and third-named respondents and the claims against those respondents are dismissed.
Findings of fact
2. The claimant was employed by the first-named respondent (‘the respondent’) from 31 March 2003 until 7 June 2010 on a five day week. His earnings and hours varied but his average gross weekly wage was £286.87 and his average net weekly wage was £226.00. The respondent had ceased providing proper wage slips in early 2009. The claimant received a handwritten note each week on a scrap of paper showing his hours and pay.
3. The claimant was dismissed with effect from 7 June 2010 following an argument between the claimant and Mr Ivan Reilly, one of the owners of the business. The respondent made no attempt to follow the statutory dismissal procedures required by the Employment (Northern Ireland) Order 2003. The tribunal has uplifted the compensatory award by 25% in respect of the respondent’s complete failure to observe the legal requirements.
4. The respondent did not, at any stage, provide the claimant with a written statement of particulars of employment as required by Articles 33(1) and 36(11) of the Employment Rights (Northern Ireland) Order 1996.
5. The respondent’s leave year ran from 1 January to 31 December each year. The claimant was entitled to 28 days paid annual leave under the Working Time Regulations. The claimant had only taken two days paid annual leave in the 2010 leave year.
6. The claimant was 24 years of age at the time of dismissal.
7. The claimant was entitled to seven weeks’ notice pay totalling £1,582.00 but, for the purposes of this decision, that amount is covered in the compensatory award for unfair dismissal.
8. The compensation is calculated as set out in the following paragraph. For the purposes of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support):-
(i) The monetary award is £15,500.00
(ii) The prescribed award is £ 7,232.00
(iii) 7 June 2010 – 12 January 2011
(iv) £8,268.00
9. The claimant has not been able to secure alternative employment. The tribunal is satisfied that he made reasonable efforts to mitigate his loss and that an appropriate period of future loss would be 13 weeks from the date of hearing.
10. Basic award
41/2 x £286.87 (gross weekly wage) = £ 1,290.91
Compensatory award
32 weeks to date of hearing
13 weeks future loss
45 weeks
45 x £226.00 (net weekly pay) = £10,170.00
Loss of statutory rights @ £300.00 = £10,470.00
Statutory uplift @ 25% @ = £ 2,617.50
£13,087.50
Written particulars of employment
2 weeks x gross pay = £ 573.74
Holiday pay
158/365 x 28 x £45.20 (net daily wage) = 547.85
Total amount payable £15,500.00
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 12 January 2011, Belfast
Date decision recorded in register and issued to parties: