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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Todd v A & J Bedding Ltd, t/a Aurora ... A & J Bedding Ltd, t/a Aurora ... A & J Bedding Ltd, t/a Aurora ... A & J Bedding Ltd, t/a Aurora ... A & J Bedding Ltd, t/a Aurora ... A & J Bedding Ltd, t/a Aurora ... A & J Bedding Ltd, t/a Aurora ... A & J Bedding Ltd, t/a Aurora ... [2012] NIIT 01944_11IT (16 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01944_11IT.html
Cite as: [2012] NIIT 01944_11IT, [2012] NIIT 1944_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 1944/11
1945/11
1946/11
1947/11
1948/11
1949/11
1950/11
1951/11
CLAIMANTS: 1. Thomas Todd
2. Przemyslaw Plaskota
3. Dariusz Slizak
4. Arturs Saipovs
5. Magdalena Krzeminska
6. Jazek Slizak
7. Tomasz Szoskiewicz
8. Peteris Seleznovs
RESPONDENT: A & J Bedding Ltd, t/a Aurora Beds
DECISION
The decision of the tribunal is that the claimant’s claims are upheld and they are entitled to monies outstanding at the date of termination of their respective employments together with notice pay as set out below.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Attracta Wilson
Appearances:
The first five named claimants appeared in person and were unrepresented. They were facilitated as required by interpreters Ms Tanya Crawford and Ms Paulina Schmidt.
Mr Jazek Slizak, Mr Tomasz Szoskiewicz and Mr Peteris Seleznovs did not attend having informed the tribunal in advance that they were unable to attend for compelling reasons.
The respondent did not appear and was not represented. In any event the respondent not having entered a response to the proceedings had no entitlement to take part. I am satisfied that the respondent was aware of the proceedings and of the fact that they were listed and proceeding. An application for a postponement of the hearing had been made by the respondent and was refused.
I considered the notices of claim presented by the respective claimants together with their oral testimony.
I find the claimants to be straightforward and credible witnesses.
1. Thomas Todd (1944/11)
1. This claimant was dismissed without notice from his employment with the respondent on the 10 June 2011. He was entitled to one weeks notice.
2. I am satisfied from the evidence that at the time of his dismissal, the respondent owed the claimant £242.00 in respect of net pay for his final week of employment, £484.00 in respect of holiday pay and £242.00 in respect of notice pay.
3. I award the claimant the sum of £968.00.
2. Przemyslaw Plaskota (1945/11)
1. This claimant was dismissed without notice from his employment with the respondent on the 8 July 2011. He was entitled to one weeks notice.
2. I am satisfied from the evidence that at the time of his dismissal, the respondent owed the claimant £358.40 in respect of unpaid wages, £768.00 in respect of holiday pay, and £256.00 in respect of notice pay.
3. I award the claimant the sum of £1,382.40.
3. Dariusz Slizak (1947/11)
1. This claimant was dismissed without notice from his employment with the respondent on the 8 July 2011. He was entitled to one weeks notice.
2. I am satisfied from the evidence that at the time of his dismissal, the respondent owed the claimant £360.00 in respect of unpaid wages and £256.00 in respect of notice pay.
3. I award the claimant the sum of £616.00.
4. Arturs Saipovs (1949/11)
1. This claimant was dismissed without notice from his employment with the respondent on the 8 July 2011. He was entitled to one weeks notice.
2. I am satisfied from the evidence that at the time of his dismissal, the respondent owed the claimant £320.00 in respect of unpaid wages, £693.00 in respect of holiday pay and £231.00 in respect of notice pay.
3. I award the claimant the sum of £1,244.00.
5. Magdalena Krzeminska (1951/11)
1. This claimant was dismissed without notice from her employment with the respondent on the 8 July 2011. She was entitled to one weeks notice.
2. I am satisfied from the evidence that at the time of her dismissal, the respondent owed the claimant £324.00 and £231.00 in respect of notice pay.
3. I award the claimant the sum of £555.00.
6. Jazek Slizak (1946/11)
1. This claimant did not appear. I disposed of the proceedings in his absence in accordance with paragraph 27(5) of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
2. I considered the claimant's claim form and relevant evidence given by other claimants.
3. I am satisfied that the claimant was dismissed without notice from his employment with the respondent on the 8 July 2011. He was entitled to one weeks notice.
4. I am satisfied from the evidence that at the time of his dismissal, the respondent owed the claimant £323.00 in respect of unpaid wages and £321.00 in respect of notice pay.
5. I award the claimant the sum of £644.00.
7. Tomasz Szoskiewicz (1948/11)
1. This claimant did not appear. I disposed of the proceedings in his absence in accordance with paragraph 27(5) of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
2. I considered the claimant's claim form and relevant evidence given by other claimants.
3. I am satisfied that the claimant was dismissed without notice from his employment with the respondent on the 8 July 2011. He was entitled to one weeks notice.
4. I am satisfied from the evidence that at the time of his dismissal, the respondent owed the claimant £320.00 in respect of unpaid wages and £231.00 in respect of notice pay.
5. I award the claimant the sum of £551.00.
8. Peteris Seleznovs (1950/11)
1. This claimant did not appear. I disposed of the proceedings in his absence in accordance with paragraph 27(5) of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
2. I considered the claimant's claim form and relevant evidence given by other claimants.
3. I am satisfied that the claimant was dismissed without notice from his employment with the respondent on the 8 July 2011. He was entitled to one weeks notice.
4. I am satisfied from the evidence that at the time of his dismissal, the respondent owed the claimant £462.000 in respect of holiday pay and £231.00 in respect of notice pay.
5. I award awards the claimant the sum of £693.00.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 December 2011, Belfast
Date decision recorded in register and issued to parties: