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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Butler v City Industrial Waste Limited [2013] NIIT 1809_13IT (26 November 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1809_13IT.html
Cite as: [2013] NIIT 1809_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1809/13
CLAIMANT: Paula Butler
RESPONDENT: City Industrial Waste Limited
Certificate of Correction
The claimant’s redundancy pay award at section (E) of the decision is incorrect. The correct multiplier for the claimant’s redundancy is 5, as she had two complete years service over the age of 40, and two years service under the age of 40.
(E) The claimant’s redundancy pay claim against the respondent is well-founded and it is ordered that the respondent is liable to make a redundancy payment of £2250.00 to the claimant.
CHAIRMAN:_______________________________________________
Date: __________________________________________
THE INDUSTRIAL TRIBUNALS
CASE REF: 1809/13
CLAIMANT: Paula Butler
RESPONDENT: City Industrial Waste Limited
DECISION
(A) The correct name of the respondent is “City Industrial Waste Ltd” and I order that the name of the respondent be amended accordingly.
(B) The claimant’s wages claim is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £2,065.40 in respect of wages.
(C) The claimant’s holiday pay claim is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £1,350.00 in respect of holiday pay.
(D) The claim for notice pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £826.16 in respect of notice pay.
(E) The claimant’s redundancy pay claim against the respondent is well-founded and it is ordered that the respondent is liable to make a redundancy payment of £2,025.00 to the claimant.
Constitution of the Tribunal:
Chairman (sitting alone): Miss McCaffrey
Appearances:
The claimant was self-represented.
The respondent was debarred from participating in the hearing because the respondent did not present a response within the relevant time-limit.
REASONS
1. I announced my decision at the end of the hearing. In particular given that the claimant advised me that she had been advised of her redundancy on 24 June 2013 and had five years’ service, I note that she was entitled to five weeks’ notice of the ending of her employment. She worked through until 7 July 2013 and her notice expired on 23 July 2013. Accordingly, I find that her claims to the Industrial Tribunal, which were lodged on 10 October 2013 were lodged in time. At the end of the hearing I gave brief oral reasons for my decision.
2. This decision is based on the following information:
Gross weekly pay: £538.46 (statutory maximum - £450.00)
Net weekly pay: £413.08
Number of actual completed years of service: 4
Age on date of dismissal: 43
Multiplier (for redundancy pay): 4½
1 year over 42, ie,1½
3 years under 42, ie, 3 x 1
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 21 November 2013, Belfast
Date decision recorded in register and issued to parties: