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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Reilly v Department for Employment and ... [2012] NIIT 02233_11IT (07 February 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02233_11IT.html
Cite as: [2012] NIIT 2233_11IT, [2012] NIIT 02233_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2233/11
CLAIMANT: Joe Reilly
RESPONDENT: Department for Employment and Learning
DECISION
The decision of the tribunal is that the claimant is entitled to be paid a redundancy payment and unpaid wages and holiday pay as set out in the attached Schedule.
Constitution of Tribunal:
Chairman (sitting alone): Mr Cross
Appearances:
The claimant was represented by Mr Hagan Barrister at Law instructed by Messrs John P Hagan Solicitors.
The respondent was represented by Mr Cruikshanks of the Department for Employment and Learning.
1. The claimant who was born on 10 August 1973, was employed as a driver by John Hoey (trading as Tyraw Distribution) from 2 May 2005, until his employment ended on 20 March 2011. The claimant was dismissed as a result of the bankruptcy of Mr Hoey on 1 April 2011.
2. The tribunal is satisfied that his dismissal was as a result of redundancy. There was an attempt to sell the business as a going concern but this failed to happen and as a result all the drivers and other staff were declared redundant.
3. The claimant was a driver delivering newspapers and as a result was required to work on any night of the week. At the time of the closure of the business the claimant was working on the night shift of Sunday night to Thursday night, 11.30 pm to 4 am each night. He was paid monthly £600.00 net (£830.90 gross). This sum was paid to him by Mr Hoey together with a pay slip which Mr Hoey would write out himself.
4. At his dismissal the claimant was owed 2 week’s pay, amounting to £300.00 and unpaid holiday pay. The company holiday year ran from 6 April each year and he was entitled to 30 days per annum. His untaken entitlement for the partial year amounted to 19.8 days at £30.00 per day a sum of £594.00.
5. The claimant should have received 5 week’s pay in lieu of notice, of his dismissal but due to the situation no notice was given. However the claimant did do casual work for the next number of weeks, when the drivers tried to run a paper delivery service themselves. The net receipts for this work, together with Job Seekers Allowance which the claimant received when the attempt to do the deliveries came to an end, would have exceeded the notice pay. Consequently the tribunal was not asked to award notice pay in this case.
Schedule
Redundancy entitlement, based on gross pay £191.74 per week
5 completed years employment 5x £191.74 £958.70
Unpaid wages due to the claimant, 2 x £150 £300.00
Unpaid holiday pay, 19.8 days at £30.00 per day £594.00
Total due £1852.70
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990
Chairman:
Date and place of hearing: 13 December 2011, Belfast
Date decision recorded in register and issued to parties: