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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> O'Hara v Aidan Mclarnon, t/a The Shirt ... [2012] NIIT 00771_12IT (01 August 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/771_12IT.html
Cite as: [2012] NIIT 00771_12IT, [2012] NIIT 771_12IT
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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: