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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kennedy v Highway Plant Co. Ltd [2013] NIIT 01329_13IT (27 September 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1329_13IT.html
Cite as: [2013] NIIT 01329_13IT, [2013] NIIT 1329_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1329/13
CLAIMANT: Ciaran Kennedy
RESPONDENT: Highway Plant Co. Ltd
DECISION
The respondent shall pay to the claimant £197.44 in respect of holidays accrued due but not taken on termination of his employment.
Constitution of Tribunal:
Chairman (sitting alone): Ms M Bell
Appearances:
The claimant did not appear and was not represented but sent in written submissions.
The respondent was represented by Ms Julie Smyth a director of the respondent company.
1. The claimant in his claim complained that he had not received £298 holiday pay for a balance of 4.25 days holidays accrued due to him on leaving his employment, having taken only one day’s holiday on 10 April 2013, by reason of him not having returned uniform items to the respondent.
2. The respondent in its response resisted the claim on the basis that its records showed the claimant took a further days holiday on 6 March 2013, leaving a balance of 3.25 days holidays accrued due and that a deduction was then lawfully made from same in respect of items of personal protective equipment not returned by the claimant.
3. In written submissions the claimant claimed whilst having requested leave for 6 March 2013 he did not subsequently need to take it but worked instead and contended the respondent’s clocking records would show this. The claimant contended that the deduction made for personal protective equipment not returned was an unlawful deduction.
4. On the morning of the tribunal hearing the claimant delivered to the respondent items of personal protective equipment in light of which Ms Smyth confirmed she would be happy to pay the claimant for 3.25 days holiday but not 4.25 days.
ISSUES
5. The remaining issue before the tribunal was what amount of holiday pay is the claimant entitled to?
EVIDENCE
6. The tribunal considered the claim, response, written submissions dated 19 August 2013 and documentation enclosed from the claimant, documentation from the respondent including original clock cards and heard oral evidence from Ms Smyth.
FINDINGS OF FACT
7. The claimant was employed as a driver by the respondent from 24 September 2012 until 18 April 2013 to work five days per week at a salary of £17,160 per annum gross. Based on the claimant’s last pay slip dated 30 April 2013 he was paid £66.00 gross per day being approximately £60.75 net.
8. At his effective date of termination parties were in agreement that the claimant had accrued 5.25 days holiday entitlement less holidays taken by him since the commencement of the 2013 holiday year on 1 January 2013 but it was in dispute whether he had taken one or two days holiday leave.
9. Absence request records kept by the respondent showed the claimant requested holiday leave for 6 March 2013 which was approved on 4 March 2013. The claimant’s original daily record card for the week commencing 3 March 2013 showed printed clocking in and out times for the 4, 5, 7 and 8 March 2013 only, no clocking in or out times appeared thereon for the 6 March 2013 and the tribunal on balance finds that the claimant was absent from work on holiday leave on 6 March 2013.
10. The claimant took paid holiday leave on 10 April 2013.
11. The claimant presented his claim to the Office of the Tribunals on 11 July 2013.
THE LAW
12. Under the Industrial Tribunal Extension of Jurisdiction Order (Northern Ireland) 1994 an employee may bring a claim for damages for breach of his contract of employment or for a sum due under that contract or any other contract connected with his employment before an Industrial Tribunal if the claim arises out of or is outstanding on termination of his employment.
APPLYING THE LAW TO FACTS FOUND
13. On balance the tribunal is satisfied that the claimant had taken holiday leave on 6 March 2013 as well as 10 April 2013 leaving him a balance of 3.25 days holiday pay due on termination of his employment at £60.75 net per day being £197.44.
14. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 3 September 2013, Belfast.
Date decision recorded in register and issued to parties: