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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Berry v Aidan Brown and Harry Brown T/... [2012] NIIT 02199_11IT (11 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02199_11IT.html
Cite as: [2012] NIIT 2199_11IT, [2012] NIIT 02199_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2199/11
CLAIMANT: William Robert Berry
RESPONDENT: Aidan Brown and Harry Brown T/A Brown Brothers
DECISION
The decision of the tribunal is that the claimant is entitled to:-
(a) a redundancy payment of £6,480.00;
(b) holiday pay of £55.40; and
(d) notice pay of £2,216.00.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear.
Change of Title
1. The correct respondent in this case is:-
Aidan Brown and Harry Brown T/A Brown Brothers
and I amend title accordingly.
Facts
2. The claimant was employed by the respondent from 25 July 1996 until his employment ended on 9 June 2011. The claimant’s age at the date of dismissal was 47. He had 15 years’ service with the respondent.
3. At the date of termination of the employment the claimant’s gross weekly wage was £360.00 and his net weekly wage was £277.00.
4. The claimant’s employment ceased when he was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent.
5. The claimant makes claims for redundancy payment, holiday pay and notice pay. He seeks one day’s wages. The claimant commence new employment on 1 August 2011 earning £314.00 per week net.
6. 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 18 weeks’ pay based on his gross weekly wage. The claimant is therefore entitled to £6,480.00.
(b) Holiday pay
The claimant is entitled to one day’s holiday pay. This is based on his net weekly wage. The claimant is entitled to £55.40.
(c) Notice pay
The claimant is entitled to 12 weeks’ notice pay based on his net weekly wage. However, the claimant found new employment at a higher rate after eight weeks. The remainder of the notice period is therefore discounted. The claimant is therefore entitled to £2,216.00.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 16 February 2012, Belfast
Date decision recorded in register and issued to parties: