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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Iesalniece v Mooney's Bakery Ltd [2012] NIIT 01971_11IT (06 February 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01971_11IT.html
Cite as: [2012] NIIT 01971_11IT, [2012] NIIT 1971_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1971/11
CLAIMANT: Laila Iesalniece
RESPONDENT: Mooney’s Bakery Limited
DECISION
The decision of the tribunal is that the claimant is entitled to:-
(a) redundancy payment of £213.48;
(b) unpaid wages of £190.54;
(c) holiday pay of £77.22; and
(d) notice pay of £286.19.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented herself.
The respondent did not appear and had not filed a response.
Findings of fact
1. The claimant was employed by the respondent from 26 April 2009 until her employment ended on 9 June 2011. The claimant’s age at the date of dismissal was 21 and she had two years of service with the respondent.
2. At the date of termination of employment the claimant’s gross weekly wage was £213.48 and her net weekly wage was £190.54.
3. 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.
4. The claimant makes claims for redundancy payment, unpaid wages, holiday pay and notice pay. She seeks two weeks’ wages and two days’ holiday pay. She commenced new employment on 16 June 2011 and was paid £94.89 for that week’s work.
5. 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 one week’s pay based on her gross weekly wage. The claimant is therefore entitled to £213.48.
(b) Unpaid wages
The claimant is entitled to one week’s wages. This is based on her net weekly wage. The claimant is therefore entitled to £190.54.
(c) Holiday pay
The claimant is entitled to two days’ holiday pay. This is based on her net weekly wage. The claimant is therefore entitled to £76.22.
(d) Notice pay
The claimant is entitled to two weeks’ notice pay. This is based on her net weekly wage. From this must be deducted her earnings during the notice period of £94.89. The claimant is therefore entitled to £286.19.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 1 December 2011, Belfast
Date decision recorded in register and issued to parties: