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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Coulter v Recruit 4 Logistics [2012] NIIT 00140_12IT (11 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/00140_12IT.html
Cite as: [2012] NIIT 00140_12IT, [2012] NIIT 140_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 140/12
CLAIMANT: Sydney Coulter
RESPONDENT: Recruit 4 Logistics
DECISION
The decision of the tribunal is that the claimant is entitled to holiday pay of £1,279.20.
Constitution of Tribunal:
Vice President (sitting alone): Mr N Kelly
Appearances:
The claimant appeared in person and was not represented.
The respondent had not entered a response to the claim and did not appear.
1. The title of the respondent was changed to:-
Recruit 4 Logistics (NI) Ltd
2. The claimant commenced working for the respondent on or about 4 April 2009 and continued until the respondent ceased trading on 6 January 2012.
3. The claim was for holiday pay.
4. There was no contractual or normal leave year. The claimant’s leave year is therefore regarded as starting each year on 4 April, the date on which he commenced employment.
5. Any leave taken during the relevant leave year, which commenced on 4 April 2011 and ran until the date of dismissal was leave which had been carried over from the previous leave year.
6. The claimant was entitled to 28 days’ paid leave in each complete leave year (the statutory maximum).
7. The claimant was therefore entitled to 21.32 days paid leave in respect of that part of the leave year which ran from 4 April 2011 to 6 January 2012:-
278/365 x 28 = 21.32
8. The claimant’s net earnings for a normal five day week was £300.00. The actual earnings fluctuated with non-contractual overtime which was not fixed but that overtime cannot be taken into account.
9. The holiday pay due is therefore:-
21.32 x £60.00 = £1,279.20
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 4 April 2012, Belfast
Date decision recorded in register and issued to parties: