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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Armstrong v Owen Bradley t/a Manor Contrac... [2012] NIIT 00533_12IT (02 July 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/533_12IT.html
Cite as: [2012] NIIT 533_12IT, [2012] NIIT 00533_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 533/12
CLAIMANT: John Armstrong
RESPONDENT: Owen Bradley t/a Manor Contracts
DECISION
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 £1,841 in respect of notice pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was represented by Mr T Adams of Ballymena CAB.
The respondent was self-represented.
REASONS
1. At the end of the hearing, I informed the parties that I considered the claimant’s claim to be well-founded. At the same time, I gave brief oral reasons for that decision. In the claim form, the claimant named the respondent as “Manor Contracts”. However, that is merely the trade name, under which Mr Bradley has carried on business, as a sole trader. I have therefore altered the title of the proceedings accordingly.
2. The amount which I have awarded has been calculated on the following basis.
3. I was satisfied that the claimant had been employed by the respondent for more than seven years and less than eight years.
4. I was satisfied that, during the latter months of the claimant’s employment, his average net weekly wage was £330.
5. I was satisfied that the claimant did not obtain any employment, with any “new” employer, at any time during the period of seven weeks beginning with 19 January 2011 (the date on which the claimant’s employment ended).
6. I am satisfied that, throughout the notice period, the claimant was in receipt of, or was entitled to receive, approximately £67 per week by way of job seekers allowance.
7. On the forgoing basis, the claimant’s net loss, on account of the failure to provide notice pay, was £263 per week, amounting to £1,841 in all.
8. I was impressed by the respondent, who appears to me to be an honourable and decent man, who has been keen to be fair to the claimant. I have no doubt that the respondent declined to make any payment in lieu of notice only because he genuinely believed that he had no obligation to make any such payment.
9. I am satisfied that the claimant is entitled only to seven weeks notice pay; the amount of notice entitlement depends upon the date of notification (the date upon which an employee is first informed of the date of termination of the contract of employment).
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 30 May 2012, Belfast.
Date decision recorded in register and issued to parties: