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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Phillips v Agramatics (NI) Ltd (in liquid... Department for Employment & Le... [2012] NIIT 02183_11IT (15 March 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02183_11IT.html
Cite as: [2012] NIIT 02183_11IT, [2012] NIIT 2183_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2183/11
CLAIMANT: James Phillips
RESPONDENTS: 1. Agramatics (NI) Ltd (in liquidation)
2. Department for Employment & Learning
Certificate of Correction
Please note the following corrections to the decision issued on 15 March 2012:-
(i) The opening statement should read: ‘The tribunal has determined that the claimant is entitled to be compensated for 11 days arrears of pay, amounting to £350.96’; and
(ii) Paragraph 7 should read: ‘I noted that the claimant’s employment terminated on 3 March 2011 and determined that the claimant was entitled to 11 days arrears of pay as follows:-
£260 ÷ 6 = £43.33 per day x
11 = £476 63 gross, £350.96 net.’
Chairman:
Date:
THE INDUSTRIAL TRIBUNALS
CASE REF: 2183/11
CLAIMANT: James Phillips
RESPONDENTS: 1. Agramatics (NI) Ltd (in liquidation)
2. Department for Employment & Learning
DECISION
The tribunal has determined that the claimant is entitled to be compensated for 11 days holiday pay, amounting to £59.52.
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
Appearances:
The claimant did not appear and was not represented.
The first respondent did not appear and was not represented.
The second respondent was represented by Mr Peter Curran.
1. The first respondent was the subject of a Winding-Up Order made on 14 April 2011.
2. Because of the first respondent’s inability to compensate the claimant on the termination of his employment by redundancy, the claimant applied to the second respondent as the statutory guarantor.
3. Following assessment by the Department, payment was made to the claimant in respect of redundancy pay and notice pay on 15 September 2011.
4. In his application to the Department, the claimant had also claimed payment for holiday pay of £1,456.00 being 28 days pay and £520.00 arrears of pay. He was informed on 15 September 2011 that those claims had been rejected due to lack of supporting documentation.
5. As the claimant did not appear at the hearing, I decided to exercise my discretion under Rule 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulation (Northern Ireland) 2005 to dispose of this claim by way of an appeal against the Department’s decision.
6. Regulation 27(6) requires me, in exercising discretion, to take into consideration any documentation made available to the parties.
7. I noted that the claimant’s employment terminated on 3 March 2011 and determined that the claimant was entitled to 11 days holiday pay as follows:-
£216.45 ÷ 40 x 11 = £59.52
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 21 February 2012, Belfast.
Date decision recorded in register and issued to parties: