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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kerr v Hamilton Haulage [2012] NIIT 00242_11IT (03 May 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/242_11IT.html
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THE INDUSTRIAL TRIBUNALS
CASE REF: 242/12
CLAIMANT: Robert Kerr
RESPONDENT: Hamilton Haulage
DECISION
The decision of the tribunal is that the claimant is entitled to £3150.00 in respect of a redundancy entitlement, £1,700.00 in respect of notice pay and £570.00 in respect of holiday pay making a total award of £5420.00.
Constitution of Tribunal:
Chairman (sitting alone): Mrs A Wilson
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The claimant was employed by the respondent as a heavy goods vehicle driver from 27 June 2005 until his dismissal by reason of redundancy on the 16 September 2011. The claimant was dismissed without notice.
2. The claimant's gross weekly earnings were £350.00. His net weekly earnings were £285.00. He was aged 51 at the time of his dismissal.
3. Part XII of the Employment Rights (Northern Ireland) Order 1996 deals with entitlement to statutory redundancy payments and Article 197 provides the method of calculation applicable to a redundancy payment.
4. The redundancy calculation in accordance with Article 197 is as follows:-
The claimant’s age at effective date of termination: 51 years
Number of full years employed: 6 years
6 years x 1½ weeks x £350.00 (gross pay) = £3,150.00
5. Article 118 of the Employment Rights (Northern Ireland) Order 1996 deals with entitlement to notice pay. In accordance with the provisions of Article 118 (1)(b) the claimant was entitled to 6 weeks notice in circumstances where he was dismissed without notice. He is entitled to notice pay calculated as follows:-
£285.00(net pay) x 6 = £1,710.00.00
6. At the date of dismissal the claimant had an outstanding entitlement to 2 weeks holiday pay and is entitled to holiday pay calculated as follows:-
£285.00 (net pay) x 2 = £570.00
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 18 April 2012, Belfast.
Date decision recorded in register and issued to parties: