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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Yorke v Younger Homes Ltd [2012] NIIT 02007_11IT (05 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02007_11IT.html
Cite as: [2012] NIIT 2007_11IT, [2012] NIIT 02007_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2007/11
CLAIMANT: Henry Yorke
RESPONDENT: Younger Homes Limited
DECISION
The decision of the tribunal is that the claimant is entitled to:-
(a) a redundancy payment of £12,000.00;
(b) unpaid wages of £21,630.00;
(c) holiday pay of £542.58; and
(d) notice pay of £2,550.72.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear.
Facts
1. The claimant was employed by the respondent from April 1989 until his employment ended on 10 June 2011. The claimant’s age at the date of dismissal was 64. He had 22 years’ service with the respondent.
2. At the date of termination of the employment the claimant’s gross weekly wage was £553.68 and his net weekly wage was £387.56.
3. The claimant’s employment ceased when he was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent.
4. The claimant makes claims for redundancy payment, unpaid wages, holiday pay and notice pay. He seeks unpaid commission. Part of the claimant’s remuneration was commission-based. Despite achieving the required targets, the claimant was not paid commission from May 2007 until the end of his employment. This was a total of £21,630.00 set out in the claimant’s claim form. In its response the respondent confirmed that it did not seek to resist the claim or challenge the figure. The claimant also seeks seven days’ holiday pay. The claimant has commenced new employment on 25 July 2011, earning £350.00 per week net.
5. After hearing the evidence of the claimant, the tribunal is satisfied his claims are well-founded. The tribunal makes the following awards:-
(a) Redundancy pay
The claimant is entitled to 30 weeks’ pay based on his gross weekly wage, subject to the statutory cap of a week’s pay of £400.00 per week. The claimant is therefore entitled to £12,000.00.
(b) Unpaid wages
The claimant is entitled to unpaid wages in the sum of £21,630.00.
(c) Holiday pay
The claimant is entitled to seven days’ holiday pay. This is based on his net weekly wage. The claimant is entitled to £542.58.
(d) Notice pay
The claimant is entitled to 12 weeks’ notice pay based on his net weekly wage. From this must be deducted his earnings during the notice period of £2,100.00. The claimant is therefore entitled to £2,550.72.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 18 January 2012, Belfast
Date decision recorded in register and issued to parties: