Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:   16/12 

CLAIMANT:                           Denver Robb

RESPONDENT:                     Richard Dewart t/a Dewart Transport

DECISION

(A)     The claimant’s claim in respect of notice pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £225 in respect of notice pay.

(B)     The claimant’s claim in respect of redundancy pay is well-founded and it is declared that the respondent is liable to make a redundancy payment of £800 to the claimant.

(C)     The claimant’s unfair dismissal claim has been withdrawn and is therefore dismissed.

Constitution of Tribunal:

Chairman (sitting alone):      Mr P Buggy

Appearances:

The claimant was self-represented.

The respondent was debarred from participating in the proceedings, because the respondent had not presented a response in these proceedings.

REASONS

1.       I was satisfied that the claimant was employed by the respondent.  I was satisfied that he was dismissed, because of redundancy, by the respondent, with effect from 30 September 2011.  I was satisfied that he had been employed by the respondent from 10 April 2009.

2.       The claimant’s notice pay award was calculated on the basis of the actual loss which he had sustained as a result of the lack of due notice.  His redundancy pay was calculated on the basis of gross wages.

3.       During the course of this main hearing, the claimant told me that he wished to seek leave to amend his claim form, so as to include a claim in respect of accrued, but unpaid, holiday pay entitlements.  That request (for leave to amend) was the subject of a pre-hearing review, which took place on 15 June 2012.  That request was successful.  The decision in respect of that pre-hearing review was issued on

15 June 2012.  The respondent then had 28 days in which to present a response in relation to the new (holiday pay) claim.  He did not present any such response.  Accordingly, on account of that lack of response, a default judgment (liability only) has recently been issued in favour of the claimant, in respect of the holiday pay.  In due course, a remedies hearing (a hearing at which the amount of holiday pay entitlement which is due to the claimant will be calculated) will be held, if the claimant asks for the convening of such a hearing.

4.       This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing:  15 May 2012, Belfast.

Date decision recorded in register and issued to parties: