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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Parsons v Vertical Wind Energy Ltd [2012] NIIT 02254_11IT (30 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02254_11IT.html
Cite as: [2012] NIIT 2254_11IT, [2012] NIIT 02254_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2254/11
CLAIMANT: Dr David Parsons
RESPONDENT: Vertical Wind Energy Ltd
DECISION
The decision of the tribunal is that the claims for a statutory redundancy payment and expenses are dismissed. The claimant is entitled to £6,388.77 pay in lieu of contractual notice, £2,621.03 in respect of loss of wages and £196.56 in respect of holiday pay.
Constitution of Tribunal:
Vice President (sitting alone): Mr N Kelly
Appearances:
The claimant did not attend and was not represented. He sent written representations.
The respondent did not enter a response, did not appear and not represented.
1. The claim form did not contain the date on which employment commenced. However, it would appear from the commencement letter attached to the written representations that employment commenced on 7 September 2009. On that basis the claimant does not have the two years complete service necessary to claim statutory redundancy. That claim is dismissed.
2. The written representations also attached a copy of the employment contract. The claimant was contractually entitled to three months’ notice or pay in lieu of notice. That amounts to £6,388.77.
3. In the written representations the claimant clarified his loss of wages as one month and one week. This amounts to:-
£2,129.59 + £491.44 = £2,621.03
4. The claimant is entitled to two days’ holiday pay:-
£98.28 x 2 = £ 196.56
5. The claimant alleged that he was owed £1,027.34 expenses but no documentation or particulars have been provided. The claimant has not discharged his burden of proof. This part of the claim is dismissed.
6. The total amount owed by the respondent to the claimant is £9,206.36.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 24 January 2012, Belfast
Date decision recorded in register and issued to parties: