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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McTague v Younger Homes Ltd [2012] NIIT 02594_11IT (05 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02594_11IT.html
Cite as: [2012] NIIT 02594_11IT, [2012] NIIT 2594_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2594/11
CLAIMANT: Fergal McTague
RESPONDENT: Younger Homes Limited
DECISION
The decision of the tribunal is that the claimant is entitled to:-
(a) a redundancy payment of £1,200.00;
(b) holiday pay of £1,163.07; and
(c) notice pay of £2,180.76.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear.
1. The claimant did not attend the hearing; but forwarded documentary evidence relating to his claim. The respondent presented a response and indicated that it did not intend to resist the claim. It also confirmed by correspondence that it did not object to the claim proceeding. Based on the information before me, I make the following findings of fact.
Facts
2. The claimant was employed by the respondent from 6 May 2008 until his employment ended on 8 July 2011. The claimant’s age at the date of dismissal was 38. He had three years’ service with the respondent.
3. At the date of termination of the employment the claimant’s gross weekly wage was £1,013.54 and his net weekly wage was £726.92.
4. The claimant’s employment ceased when he was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent.
5. The claimant makes claims for redundancy payment, holiday pay and notice pay. He seeks eight days’ holiday pay.
6. After considering 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 three weeks’ pay based on his gross weekly wage, subject to the statutory cap of a week’s pay of £400.00. The claimant is therefore entitled to £1,200.00.
(b) Holiday pay
The claimant is entitled to eight days’ holiday pay. The claimant is entitled to £1,163.07.
(c) Notice pay
The claimant is entitled to three weeks’ notice pay based on his net weekly wage. The claimant is therefore entitled to £2,180.76.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 19 January 2012, Belfast
Date decision recorded in register and issued to parties: