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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Moorehead v Aidan Brown and Harry Brown T/... [2012] NIIT 02241_11IT (11 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02241_11IT.html
Cite as: [2012] NIIT 2241_11IT, [2012] NIIT 02241_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2241/11
CLAIMANT: David William Moorehead
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 £9,180.00;
(b) holiday pay of £53.00; and
(c) notice pay of £2,376.00.
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.
2. The correct employer is the second-named respondent. The claim against the first-named respondent is dismissed.
Facts
3. The claimant was employed by the second-named respondent from 1 January 1988 until his employment ended on 9 June 2011. The claimant’s age at the date of dismissal was 55. He had 23 years’ service with the second-named respondent.
4. At the date of termination of the employment the claimant’s gross weekly wage was £340.00 and his net weekly wage was £265.00.
5. The claimant’s employment ceased when he was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent.
6 The claimant makes claims for redundancy payment, holiday pay, and notice pay. He seeks one day’s holiday pay. He received Jobseeker’s Allowance in the sum of £67.00 per week during the notice period.
7. 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 27 weeks’ pay based on his gross weekly wage. The claimant is therefore entitled to £9,180.00.
(b) Holiday pay
The claimant is entitled to one days’ holiday pay. This is based on his net weekly wage. The claimant is entitled to £53.00.
(c) 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 £804.00. The claimant is therefore entitled to £2,376.00.
8. 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: