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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCrea v Chips Galore NI Ltd [2012] NIIT 02920_11IT (25 June 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/2920_11IT.html
Cite as: [2012] NIIT 2920_11IT, [2012] NIIT 02920_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2920/11
CLAIMANT: Raminta McCrea
RESPONDENT: Chips Galore NI Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment of £744.00 together with £687.60 notice pay and £202.84 holiday pay, totalling £1,634.44.
Constitution of Tribunal:
Chairman (sitting alone): Mr S A Crothers
Appearances:
The claimant was represented by Mr Michael Roddy of Omagh Independent Advice Services.
Mrs Tanya Crawford attended as Interpreter.
The respondent had not entered a response to the claimant’s claim, and was not present. Miss Knox, Solicitor, of McConnell and Fyffe Solicitors attended for the purposes of confirming the correct title of the respondent.
The title of the respondent was amended to that shown above.
THE CLAIM
1. The claimant claimed redundancy pay, notice pay, and 5.9 days holiday pay.
THE ISSUES
2. The issues before the tribunal were as follows:-
(i) Is the claimant entitled to a redundancy payment?
(ii) Is the claimant entitled to a payment in lieu of notice?
(iii) Is the claimant entitled to notice pay?
SOURCES OF EVIDENCE
3. The tribunal heard evidence from the claimant and considered relevant documentation.
FINDINGS OF FACT
4. Having considered the evidence in so far as same related to the issues before it, the tribunal made the following findings of fact on the balance of probabilities:-
(i) The claimant’s date of birth was 30 April 1972. She worked for the respondent from 18 September 2007 until 23 October 2011, being the effective date of termination of her employment. The claimant worked on average five days per week and her gross weekly pay was £186.00 (£171.90 net).
(ii) The tribunal is satisfied that the claimant was made redundant without notice.
THE LAW
5. The tribunal considered the relevant provisions of The Employment Rights (Northern Ireland) Order 1996 together with the relevant provisions of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 in relation to breach of contract.
CONCLUSIONS
6. Having considered the evidence and the facts as found the tribunal concludes as follows:-
(i) The claimant is entitled to a redundancy payment calculated as follows:-
On the termination of her employment she had four years completed service and was aged 39. Her pay was £186.00 gross per week. The appropriate multiplier for calculating her redundancy payments is:-
£186.00 x 4 = £744.00.
(ii) The claimant, by virtue of her service, is entitled to four weeks notice pay at £171.90 per week, amounting to £687.60.
(iii) The claimant was entitled to 28 days leave per year. She was entitled to 20.9 days between 1 January 2011 and 23 October 2011. She had taken fifteen days leave during that period. She is therefore entitled to 5.9 days x 34.38 = £202.84.
(iv) The total amount to be paid by the respondent is therefore £1,634.44.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 13 June 2012, Omagh.
Date decision recorded in register and issued to parties: