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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McFarland v Department for Employment and ... [2013] NIIT 02048_12IT (14 January 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/2048_12IT.html
Cite as: [2013] NIIT 02048_12IT, [2013] NIIT 2048_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2048/12
CLAIMANT: William Richard McFarland
RESPONDENT: Department for Employment and Learning
DECISION
The claimant’s appeal in respect of holiday pay is successful. It is declared that the Department ought to make a payment to the claimant in respect of holiday pay. The amount of that payment will be agreed between the claimant and the Department. If that amount is not speedily agreed, either party is at liberty to return to the tribunal; and I will then make a declaration as to the amount of holiday pay which is properly payable.
Constitution of Tribunal:
Chairman: (Sitting alone): Mr P Buggy
Appearances:
The claimant was represented by Mrs C McFarland.
The respondent Department was represented by Mr P Curran.
REASONS
1. I announced my decision at the end of the hearing. At the same time I gave oral reasons for my decision.
2. The claimant asserted that he was due 28 days of holiday pay in respect of the period of 12 months ending on date on which his employer (H Ireland and Sons Ltd) entered into administration. The claimant stated that, throughout the relevant period, he had been unable to take his holidays, because he was sick throughout that period.
3. The claimant made an application to the Department, in the Department’s role as the statutory guarantor in respect of certain debts, in relation to the holiday pay. The Department, quite properly, refused the application because of a lack of documentary evidence to support the claimant’s contentions.
4. The claimant has appealed against that decision. This is my Decision in respect of that appeal. During the course of that appeal, he has provided me with sworn oral testimony. I was satisfied as to the truthfulness of that testimony. For that reason, I have allowed the appeal.
5. If the parties to this appeal have not agreed as to the amount which is due to the claimant, by 31 January 2013, either party is at liberty, at any time thereafter, to request the scheduling of a remedies hearing in respect of this appeal.
Chairman:
Date and place of hearing: 20 December 2012, Belfast.
Date decision recorded in register and issued to parties: