THE INDUSTRIAL TRIBUNALS
CASE REF: 771/12
CLAIMANT: Quinton James O’Hara
RESPONDENT: Aidan McLarnon,
t/a The Shirt Centre
DECISION
The respondent is to pay to the claimant £2,675.20 in
respect of redundancy payment, notice pay and holiday pay as detailed below.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs M Watson
Appearances:
The
claimant appeared and was represented by Mr N Gibson.
The
respondent did not appear.
1. The claimant was employed as
a Shop Assistant by the respondent from 27 October 2003 until he was
dismissed without notice on 10 February 2012. He was then aged
59 years.
2. At the time of the
termination of his employment, the claimant had not taken any of his two week
holiday entitlement.
3. The claimant’s entitlement is
as follows:
Redundancy Pay
The claimant was aged 59 years,
and his entitlement under the Employment Rights (Northern Ireland) Order
1996 is calculated at 12 weeks gross pay to reflect service where he was
aged over 41 years of age.
Entitlement is therefore: £121.60 x
12 = £1,459.20
4. The claimant is also entitled to pay for
untaken holidays.
Holiday Pay
Entitlement is: £121.60 x
2 = £243.20
5. The claimant is also entitled to notice pay.
Notice Pay
Entitlement is: £121.60 x
8 = £972.80
Total entitlement is: = £2,675.20
6. This is a relevant decision for the purposes
of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date
and place of hearing: 4 July 2012, Belfast.
Date
decision recorded in register and issued to parties: