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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Carlisle v Crystal Professional Developme... Crystal Professional Developme... [2012] NIIT 01200_11IT (18 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01200_11IT.html
Cite as: [2012] NIIT 01200_11IT, [2012] NIIT 1200_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1200/11
1689/11
CLAIMANT: Leonard Carlisle
RESPONDENT: Crystal Professional Development UK Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to a notice payment of £315.63, £1639.41 in respect of wages, £664.50 in respect of travel expenses, and £126.26 in respect of holiday pay, totalling £2745.80.
Constitution of Tribunal: (Sitting alone) Mr S A Crothers
Chairman:
Members:
Appearances:
The claimant appeared and represented himself.
The respondent had not entered an appearance to the claim.
1. The claimant claimed that he was entitled to notice pay, together with a sum for arrears of wages, travel expenses and holiday pay.
Issue
2. The issue before the tribunal was whether the claimant is entitled to payment of sums in respect of wages, notice pay, travel expenses and holiday pay.
Sources of Evidence
3. The tribunal heard evidence from the claimant and considered relevant documentation in the course of the hearing.
Findings of Fact
4. Having considered the evidence insofar as same related to the issue before it, the tribunal made the following findings of fact, on the balance of probabilities;-
(i) The claimant commenced employment with the respondent on 9 November 2009 until 14 March 2011, being the effective date of termination of his employment. His net weekly wage was £316.63.
(ii) The claimant was afforded time to consult with the Labour Relations Agency. He was owed 7 weeks wages from 21 January 2011 until 14 March 2011 totalling £2209.41. He had received a payment of £570.00 from the respondent. He is also due 7 weeks mileage of 2658 miles at 0.25p per mile = £664.50 together with 2 days outstanding holiday pay at £63.13 per day = £126.26.
(iii) There was no evidence before the tribunal that the respondent was in liquidation or that any relevant court order was in existence.
The Law
5. The relevant law is contained in the Employment Rights (Northern Ireland) Order 1996, the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994, and the Working Time Regulations 1998 (as amended).
Conclusions
6. Having applied the relevant principles of law to the findings of fact, the tribunal concludes, as in the findings of fact, that the claimant is entitled to payment of £2745.80, comprising £315.63 notice pay, £1639.41 in respect of wages, £664.50 in respect of travel expenses and £126.26 in respect of holiday pay.
7. This is a relevant decision for the purposes of the Industrial Tribunal (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 10 January 2012
Date decision recorded in register and issued to parties: