Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   1207/12

 

 

 

CLAIMANT:                      Aislinn Hewitt

 

 

RESPONDENTS:              1.       Deirdre Conlon

2.       Darkley Resource Centre

                                        3.       Carepoint NI

                                        4.       Darkley & District Community Association

 

 

DECISION

The decision of the tribunal is that:-

 

(i)       the claimant is entitled to the sum of £150.50 in respect of unpaid holiday pay; and

 

(ii)      the counterclaim is dismissed.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mrs Ó Murray

 

Appearances:

The claimant in person, accompanied by her husband.

The respondents did not appear and were not represented.

 

1.       The claimant’s claim was for unpaid holiday.  The claimant was employed from 1 October 2011 until 30 March 2012.

 

2.       From the documentation provided at the hearing it appeared that the claimant’s employer’s correct title was Carepoint NI which was a subsidiary of Darkley & District Community Organisation.  This appears to have been accepted by the respondents, in that the most recent letter from Ms Conlon received by the claimant on 18 September 2012, referred to both organisations.  I therefore joined, as             co-respondents:-

 

                    Carepoint NI; and

         

                    Darkley & District Community Organisation

 

3.       I considered the evidence provided by the claimant together with the documentation and the claim and response forms and was satisfied that the claimant was entitled to the outstanding holiday pay.

 

4.       The claimant is therefore awarded 27 hours’ pay.  The claimant was paid at a rate of £6.50 gross per hour.  The claimant paid no tax according to the P45 and the claimant gave evidence that she paid approximately £25.00 per week in National Insurance.  The calculation, therefore, is as follows:-

 

                    27 hours x £6.50 gross                          =                            £175.50

 

                    Less £25.00 National Insurance              =                            £  25.00

 

                    Net total                                                                             £150.50

 

5.       The total sum awarded is therefore £150.50.

 

6.       I dismissed the counterclaim as there was no evidence before me to substantiate the allegation that the claimant had been paid for too many hours.

 

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 September 2012, Belfast

 

 

Date decision recorded in register and issued to parties: