Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2012/01734_11IT.html
Cite as: [2012] NIIT 01734_11IT, [2012] NIIT 1734_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1734/11

CLAIMANT: Samantha Dempsey

RESPONDENT: Mooney’s Bakery Limited

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to:-

(a) redundancy payment of £284.64;

(b) unpaid wages of £109.71;

(c) holiday pay of £94.88;

(d) notice pay of £284.64; and

(e) was unfairly dismissed and is entitled to compensation of £394.88.

Constitution of Tribunal:

Chairman: Mr P Kinney

Members: Mr J Patterson

Mr J Boyd

Appearances:

The claimant was represented by Ms Smyth, Solicitor, of Donnelly & Kinder, Solicitors..

The respondent did not appear and had not filed a response.

Findings of fact

1. The claimant withdrew her claims for sex discrimination and part-time workers discrimination at the outset of the hearing.

2. The claimant was employed by the respondent from 1 August 2007 until her employment ended on 17 June 2011. The claimant’s age at the date of dismissal was 37 and she had three years of service with the respondent.

3. At the date of termination of employment the claimant’s gross weekly wage was £94.88 and her net weekly wage was £94.88.

4. The claimant’s employment ceased when she was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent. The respondent has ceased trading but has not become insolvent within the terms of the Employment Rights (Northern Ireland) Order 1996.

5. The claimant makes claims for redundancy payment, unpaid wages, holiday pay, notice pay and unfair dismissal. She seeks two weeks’ wages and five days’ holiday pay.

6. After hearing the evidence of the claimant, the tribunal is satisfied that her claims are well-founded. The tribunal makes the following awards:-

(a) Redundancy pay

The claimant is entitled to three weeks’ pay based on her gross weekly wage. The claimant is therefore entitled to £284.64.

(b) Unpaid wages

The claimant is entitled to two weeks’ wages. This is based on her net weekly wage. In evidence the claimant confirmed the amount outstanding to her was £109.71. The claimant is therefore entitled to £109.71.

(c) Holiday pay

The claimant is entitled to five days’ holiday pay. This is based on her net weekly wage. The claimant is therefore entitled to £94.88.

(d) Notice pay

The claimant is entitled to three weeks’ notice pay. This is based on her net weekly wage. The claimant is therefore entitled to £284.64.

(e) Unfair dismissal

Under the terms of Article 130A of the Employment Rights (Northern Ireland) Order 1996 an employee is unfairly dismissed if one of the statutory dismissal and disciplinary procedures, set out in the Employment (Northern Ireland) Order 2003, applies in relation to the dismissal, that procedure has not been completed and the non-completion of the procedure is wholly or mainly attributable to failure by the employer to comply with these requirements. In this case the tribunal is satisfied that the employer has failed to comply with the requirements of the statutory dismissal and disciplinary procedures and the claimant’s dismissal is therefore automatically unfair. Under Article 154 of the 1996 Order where an employee is regarded as unfairly dismissed by virtue of Article 130A the industrial tribunal shall increase the basic award to the amount of four weeks’ pay. The claimant is therefore entitled to the sum of £379.52. To prevent duplication of award, however, from this figure should be deducted the redundancy payment of £284.64, leaving a basic award figure of £94.88.

The claimant made no claim for compensatory loss. There is no entitlement to a further percentage uplift under the 2003 Order in the absence of a compensatory award. The claimant is also entitled to £300.00 for loss of statutory rights.

7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 2 December 2011, Belfast

Date decision recorded in register and issued to parties:

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