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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Turkington v Dams Northern Ireland Limited ... [2012] NIIT 00493_11IT (01 May 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/493_11IT.html
Cite as: [2012] NIIT 00493_11IT, [2012] NIIT 493_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 493/11
CLAIMANT: George Turkington
RESPONDENT: Dams Northern Ireland Limited (In liquidation)
DECISION
The decision of the tribunal is that the claimant is entitled to £2,001.16 in respect of notice pay.
Constitution of Tribunal:
Chairman (sitting alone): Mrs A Wilson
Appearances:
There was no appearance by or on behalf of either party. The claimant's wife contacted the Tribunal office on the morning of the hearing to indicate that the claimant was unable to attend due to the fact that his father in law is very ill in hospital. She indicated that the claimant was content for the hearing to proceed in his absence.
There was no contact from or on behalf of the respondent. The respondent is in liquidation and the Tribunal is satisfied that the liquidator has been notified of this hearing.
Findings of Fact:
1. The claimant was employed by the respondent as a lorry driver from the 25th August 1997 until his dismissal by reason of redundancy on the 29th October 2010. The claimant worked 2 weeks and 2 days notice in circumstances where he was entitled to 12 weeks notice pursuant to the provisions of article 118(1)( c) of the Employment Rights (Northern Ireland ) Order 1976.
2. This claim relates solely to the claimant's outstanding entitlement to notice pay. He has received his redundancy payment.
3. The claimant's net weekly earnings were £204.20. His claim in respect of notice pay is itemised in a letter dated the 11th November 2010 from Newtownabbey Citizens Advice Bureau to the respondent whose calculation the tribunal accepts as accurate for the purpose of these proceedings.
4. The claimant is entitled to the sum of £2001.16, in respect of outstanding notice pay.
5. 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: