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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Carey v Robin Farquhar t/a W R Farquha... [2012] NIIT 00884_12IT (02 August 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/884_12IT.html
Cite as: [2012] NIIT 00884_12IT, [2012] NIIT 884_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 884/12
CLAIMANT: Neil Carey
RESPONDENT: Robin Farquhar t/a W R Farquhar and Company
DECISION
The decision of the tribunal is that the claimant is entitled to the sum of £3,645.00 in respect of redundancy pay. The claimant is further entitled to the sum of £860.00 in respect of outstanding notice pay. The claim for holiday pay is dismissed.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs Ó Murray
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear and was not represented and no appearance was entered for the respondent.
1. I have considered the claimant’s claim form and I am satisfied following evidence given by the claimant’s former colleague Mr Graham, that the claimant was dismissed on 9 March 2012. He did not receive a redundancy payment nor his full notice pay entitlement.
2. The claimant stated in his claim form that he received payment for 10 weeks’ notice. The claimant worked for the respondent for 14 years and was therefore entitled to 14 weeks net pay in lieu of notice. I therefore award 4 weeks’ net pay in the sum of £840.00 in respect of the outstanding notice pay.
3. At the effective date of termination of the contract the claimant was aged 43 and had worked for the respondent for 14 years. His gross pay was £243 per week and his net pay was £215.00 per week.
4. The claimant is entitled to a redundancy payment in the sum of £3,645.00 calculated as follows:
£243.00 gross pay x 15 weeks = £3,645.00
5. The claimant claimed outstanding holiday pay. In the absence of sufficient detail on the claim form and in the absence of oral evidence from the claimant I did not have enough information upon which to make an award for holiday pay. The claim for holiday pay is therefore dismissed.
6. I amended the title of proceedings to reflect the position which was that the employer was Robin Farquhar t/a W R Farquhar and Company.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 26 July 2012, Belfast.
Date decision recorded in register and issued to parties: