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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McDonnell v Lorraine Fegan as Chairman for... [2013] NIIT 1706_13IT (21 November 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1706_13IT.html
Cite as: [2013] NIIT 1706_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1706/13
CLAIMANT: Catherine McDonnell
RESPONDENT: Lorraine Fagan as Chairman for the time being of the Management Committee of Dromintee & Jonesborough Playgroup
DECISION
The claimant is awarded £975.00 in respect of redundancy payment and the sum of £704.17 in respect of notice pay. Total compensation awarded is £1,679.17.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Ó Murray
Appearances:
The claimant represented herself accompanied by her mother.
The respondent did not appear and was not represented.
Reasons
1. The claimant’s claim was for a redundancy payment and for unpaid notice pay.
2. The claimant was employed by Dromintee and Jonesborough Playgroup from 1 September 2008 until 26 June 2013 when her employment was terminated without notice for redundancy reasons as the playgroup was closing on 26 June 2013. At the time of termination of her employment the claimant was a deputy play-school leader.
3. At the effective date of termination the claimant was aged 48 years and had worked four complete years for the respondent.
4. Under the claimant’s contract she was entitled to one month’s notice in the event of termination of her employment. She was dismissed without notice by letter of 26 June 2013.
5. The claimant provided evidence in the form of a P60 a P45 and payslips for the months of April, May and June 2013. In addition the claimant provided a copy of her contract of employment.
6. I have assessed all the oral and documentary evidence presented to me and find the following in relation to the claimant’s normal net weekly pay. The claimant’s hours of work and her pay fluctuated in the last period of her employment according to whether or not her employer had money to pay her and according to whether or not there were opportunities to act up and thus earn a higher rate of pay. The claimant candidly accepted in evidence that her last few payslips did not reflect her normal hours and pay.
8. The claimant’s claim to DEL was for 25 hours at £6.50 per week which makes £162.50 net per week. The P60 shows net pay for the year of £7,750.97. The claimant’s evidence was that she received half pay for the two months of the summer and the other ten months were full pay. From the P60 therefore, the average net weekly pay is £162.60. The claim form says £130.00 but that is not borne out by any of the documentation.
9. Based on the P60 and the claimant’s oraI evidence I find that the claimant’s net earnings were £162.50 per week. From the evidence available to me no tax was paid.
10. The calculation of compensation therefore is as follows:
Redundancy pay: 6 weeks x £162.50 per week: £975.00
One month’s notice pay under contract: £704.17
________
Total compensation: £1,679.17
________
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 November 2013 at Belfast.
Date decision recorded in register and issued to parties: