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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGowan v Vertical Wind Energy Ltd [2012] NIIT 01881_11IT (30 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01881_11IT.html
Cite as: [2012] NIIT 1881_11IT, [2012] NIIT 01881_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1881/11
CLAIMANT: Malcolm John McGowan
RESPONDENT: Vertical Wind Energy Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to £2,578.46 in respect of unpaid wages and £483.46 pay in lieu of notice.
Constitution of Tribunal:
Vice President (sitting alone): Mr N Kelly
Appearances:
The claimant did not appear and was not represented.
The respondent had not entered a response, did not appear and was not represented.
1. The claimant employment ended on 7 July 2011, just short of the two years’ service necessary to qualify for a statutory redundancy payment.
2. In common with the other claimants in these consolidated cases, the claimant was not paid for the month of June 2011 and for one week in July 2011. The claimant is entitled to unpaid net wages of:-
£2,095.00 + £483.46 = £2, 578.46
3. The claimant alleges that he was contractually entitled to three months’ pay by way of notice. No documentary evidence to support this allegation has been provided and it is not supported by sworn evidence. The claimant has not discharged the burden of proof and the amount in respect of notice pay is the statutory minimum amount for less than two years’ service:-
One week’s net pay = £483.46
4. The claimant also alleges that he is owed £518.43 expenses by the respondent. No documentation or particulars have been provided to support this allegation. The claimant has not discharged the burden of proof and the claim for expenses is dismissed.
5. The total award is £3,061.92.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 24 January 2012, Belfast
Date decision recorded in register and issued to parties: