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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Nicholl v City Industrial Waste Limited [2013] NIIT 1810_13IT (26 November 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1810_13IT.html
Cite as: [2013] NIIT 1810_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1810/13
CLAIMANT: Gemma Nicholl
RESPONDENT: City Industrial Waste Limited
DECISION
(A) The name of the respondent shall be amended to read “City Industrial Waste Ltd”. The claimant’s wages claim is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £1,143.45 in respect of wages.
(B) The claimant’s holiday pay claim is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £1,215.00 in respect of holiday pay.
(C) The claimant’s claim for notice pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £1,143.45 in respect of notice pay.
(D) The claimant’s redundancy pay claim against the respondent is well-founded and it is declared that the respondent is liable to make a redundancy payment of £2,250.00 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. At the same time, I gave brief oral reasons for that decision. In particular I dealt with the issue of the time-limit for lodging a claim for unlawful deductions from wages, holiday pay and arrears of pay, which is three months from the date of the alleged deduction. The claimant was given notice that her position would be made redundant on 24 June 2013 as she had five years’ service, she was entitled to five weeks’ notice, which meant that her notice period expired on 23 July 2013, therefore although her claim form was not lodged in the Industrial Tribunals until 10 October 2013, all aspects of her claim were lodged within the requisite time-limits. At the end of the hearing I gave brief oral decisions for my decision.
2. This decision is based on the following information:
Gross weekly pay: £480.76 (statutory maximum - £450.00)
Net weekly pay: £381.15
Number of actual completed years of service: 5
Age on date of dismissal: 27
Multiplier (for redundancy pay): 5
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: