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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Coyle v Louis McLaughlin, trading as C... Louis McLaughlin, trading as C... [2012] NIIT 02243_11IT (22 February 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02243_11IT.html
Cite as: [2012] NIIT 2243_11IT, [2012] NIIT 02243_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 2243/11
2639/11
CLAIMANTS: 1. Tracey Coyle
2. Nicola Kelly
RESPONDENT: Louis McLaughlin, trading as Café Louis
DECISION
The unanimous decision of the tribunal is that both claimants were dismissed by reason of redundancy and are entitled to be compensated by the respondent as detailed below. The title of these proceedings is amended to that set out above to reflect the proper name of the respondent.
Constitution of Tribunal:
Chairman: Mrs M Watson
Members: Mr R Black
Mr W McCreight
Appearances:
The claimant Nicola Kelly presented her claim.
Tracey Coyle did not appear and was not represented.
The respondent did not appear and was not represented.
BACKGROUND
1. Both claimants were employed by the respondent at his café in the Richmond Centre. The claimants reported for work on 4 July 2011 to find the premises had been repossessed and the business closed.
2. These proceedings were lodged in the tribunal on 3 October 2011 by Ms Coyle and on 24 October 2011 by Ms Kelly.
3. The tribunal was informed by Ms Kelly that a Bankruptcy Order had been made in respect of the respondent. She had been told this by Ms Coyle who had given this as the reason for her failure to attend this hearing.
4. Ms Coyle was contacted by telephone by tribunal staff and confirmed that the Bankruptcy Order had been made on 11 January 2012.
5. Where a claimant does not appear, the tribunal has a discretion under Rule 27 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 to dispose of the proceedings if appropriate. The tribunal decided to deal with both cases together.
6. The respondent did not provide employees with payslips so they did not have any information relating to their gross pay rates. Compensation was therefore calculated on a net basis only.
LEGAL PROVISIONS
7. The law relating to redundancy is contained in the Employment Rights (Northern Ireland) Order 1996 (as amended). Article 174 provides that employees who are dismissed because their employer has ceased trading shall be taken to be dismissed by reason of redundancy.
8. Article 190 provides that employees must have been employed for at least two years to qualify for a redundancy payment which is calculated by reference to the age and length of service of the employee at the date of termination (Article 194).
9. Employees are also entitled to be compensated for any payment not received in respect of notice under Article 118 and any holiday entitlement not taken at the date of dismissal.
FACTS
Tracey Coyle
10. From the information provided in her claim form which was not challenged by the respondent, the tribunal has found the following facts relevant to this claim as follows:-
(a) The claimant was aged 38 at the date of termination of her employment.
(b) She had been employed by the respondent as a kitchen assistant since May 1990, just over 21 years.
(c) The claimant worked 30 hours per week and was paid £178.50 net per week.
(d) Employees were entitled to 3 weeks holiday. The claimant had not taken holidays that year.
Nicola Kelly
11. From the information in her originating application and her oral evidence, the tribunal had found the following facts in relation to this claim:-
(a) The claimant was aged 35 at the date of termination of her employment.
(b) She had been employed for 6 years as a counter assistant.
(c) The claimant worked 16 hours per week and was paid £94.88 net per week.
(d) The claimant had not taken any of her 3 week holiday entitlement.
COMPENSATION
12. Applying the statutory provisions set out above, the tribunal determine that the claimants were entitled to be compensated by the respondent as follows:-
Tracey Coyle
Redundancy payment = 18 x £178.50 = £3,213.00
Notice pay = 12 x £178.50 = £2,142.00
Holiday pay = 3 x £178.50 = £535.50
TOTAL = £5,890.50
Nicola Kelly
Redundancy payment = 6 x £94.88 = £569.28
Notice pay = 6 x £94.88 = £569.28
Holiday pay = 3 x £94.88 = £284.64
TOTAL = £1,423.20
13. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.
Chairman:
Date and place of hearing: 1 February 2012, Belfast.
Date decision recorded in register and issued to parties: