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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Orr v Herdmans Limited [2011] NIIT 2119_10IT (05 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/2119_10IT.html
Cite as: [2011] NIIT 2119_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2119/10
CLAIMANT: Susan Marie Orr
RESPONDENT: Herdmans Limited
DECISION
The claimant is entitled to a redundancy payment from the respondent amounting to £8,736.00.
Constitution of Tribunal:
Chairman (sitting alone): Mr Brian Greene
Appearances:
The claimant was represented by Miss Esme Hamilton, solicitor of Copeland McCaffrey Solicitors.
The respondent was neither represented nor in attendance.
Source of Evidence
1. The tribunal heard evidence from the claimant and from her husband Mr Thomas Neville Orr the managing director in the respondent company. The respondent has not entered a response. The respondent had indicated its awareness of the hearing on today and its desire that the matter proceed in its absence.
The Claim and Defence
2. The claimant claims a redundancy payment, for unpaid salary and payment for untaken holiday leave.
The Issues
3. (1) Was the claimant entitled to a redundancy payment, and if so in what amount?
(2) Was the claimant entitled to repayment of salary, and if so in what amount?
(3) Was the claimant entitled to payment for untaken holiday leave, and if so in what amount?
Findings of Fact
4. (1) The claimant was born on 6 February 1952. She worked for the respondent from 1 February 1990 until 30 March 2010.
(2) The respondent employed the claimant as the sales and personnel administrator.
(3) The respondent company is no longer trading but has not become insolvent.
(4) The claimant finished employment with the respondent on 30 March 2010 when she was made redundant.
(5) The claimant was notified of her redundancy by letter of 5 January 2010. In that letter the respondent indicated that she was entitled to a redundancy payment of £8,736.00.
(6) By letter of 30 March 2010 the respondent indicated to the claimant that by reason of the company’s cash flow constraints it was unable, at that time, to pay the claimant her redundancy entitlement.
(7) During 2008-2010 the claimant had experienced under payment of her salary by reason of cash flow difficulties experienced by the respondent. As a result she did not receive salary due to her amounting to £7,275.12.
(8) The claimant also had not received her holiday entitlement of 25 days which she valued at £841.74.
(9) In the course of the hearing the claimant abandoned her claim for holiday entitlement because she had not included it in her grievance letter.
(10) The quantum of the redundancy payment of £8,736.00 is not disputed by the respondent.
(11) The claimant has still not received her redundancy payment of £8,736.00.
(12) The claimant’s claim form does not disclose a claim for unpaid wages. It merely seeks a redundancy payment.
The Law
5. An employer shall pay a redundancy payment to an employee if the employee is dismissed by the employer by reason of redundancy (Article 170 The Employment Rights (Northern Ireland) Order 1996).
Application of the Law and the Findings of Facts of the Issues
6. (1) The claimant has abandoned her claim for payment for untaken holiday leave.
(2) The claimant’s claim for unpaid salary does not appear as part of her claim in her claim form. Accordingly the tribunal cannot consider that claim as it has not been properly made and the respondent is totally unaware of such a claim.
(3) The claimant is entitled to a redundancy payment of £8,736.00 to be paid by her employer. The respondent has accepted that the claimant was made redundant and that she is entitled to redundancy payment of that amount.
(4) This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 16 November 2010, Belfast
Date decision recorded in register and issued to parties: