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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Tama v WDL Woods Dry Lining Ltd [2012] NIIT 02238_11IT (29 February 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02238_11IT.html
Cite as: [2012] NIIT 2238_11IT, [2012] NIIT 02238_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2238/11
CLAIMANT: Sylwester Tama
RESPONDENT: WDL Woods Dry Lining Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to £1,667.26 in respect of notice pay, holiday pay and failure to provide written terms of employment.
Constitution of Tribunal:
Chairman: Ms F Oliver
Members: Ms T Madden
Mr J McAuley
Appearances:
The claimant represented himself.
The respondent did not appear and was not represented.
SOURCES OF EVIDENCE
1. The tribunal considered the claim form, the response and the oral evidence of the claimant which was given through the use of an interpreter.
THE ISSUES
2. The claimant commenced employment with the respondent on 15 September 2010. The claimant’s last day of work was 8 April 2011. The claimant contends that he continued to be an employee as he was not informed that he had been dismissed. He considered that it was a temporary lay off and he claims unpaid wages for every day that he was not working from 8 April 2011 until 1 October 2011. The respondent indicated in its response that the claimant was made aware at the outset that his job was temporary and was informed that his last day of work was 8 April 2011.
3. The tribunal considered all the evidence including copy letters dated 12 May 2011, 29 June 2011, 19 July 2011 and 23 August 2011 which the claimant had sent to the respondent. At no stage in these letters did the claimant ask about when he would be back at work. The tribunal therefore came to the conclusion that the claimant’s employment ceased on 8 April 2011 and that the claimant was aware of this. The tribunal also noted that the claimant started work in another job on 2 May 2011.
4. The claimant claimed holiday pay. He indicated that he did not receive any holiday pay for the Christmas period when he was not working and that he did not receive any other holidays. The respondent indicated in its response that it had paid the holiday pay that it believed was due to the claimant. The tribunal noted that the claimant had consistently claimed 15 days holiday pay and we accepted the claimant’s evidence that he had not received any holiday pay. The respondent did not provide any copy payslips to confirm that holiday pay had been paid.
5. At hearing, the claimant claimed unpaid wages of £350.00 in respect of six days before and after Christmas and one day on 15 January 2011. The tribunal noted that this was not referred to on the claim form and nor was it referred to in the letters which the claimant sent to the respondent.
FINDINGS OF FACT
6. The claimant was employed by the respondent from 15 September 2010 until 8 April 2011.
7. He was earning £308.63 gross per week being £250.00 net per week, which equates to £50.00 net per day.
8. The claimant did not receive a written statement of employment particulars.
9. The claimant did not receive holiday pay or payment in lieu of notice.
10. The claimant was paid for the days upon which he worked.
THE DECISION
11. The claimant is entitled to £800.00 being 16 days holidays on a pro rata basis at £50.00 net per day.
12. The claimant is entitled to £617.26 being two weeks gross pay in respect of the failure to provide written terms.
13. The clamant is entitled to £250.00 being one week’s notice pay.
14. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 31 January 2012, Belfast.
Date decision recorded in register and issued to parties: