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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Brown v Oregano Belfast Ltd, T/A The P... [2013] NIIT 02237_12IT (24 January 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/2237_12IT.html
Cite as: [2013] NIIT 2237_12IT, [2013] NIIT 02237_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2237/12
CLAIMANT: Richard Brown
RESPONDENT: Oregano Belfast Ltd, T/A The Potted Hen
DECISION
The decision of the tribunal is that the claimant is entitled to a payment of £266.40 from the respondent in respect of holiday pay.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs M Watson
Appearances:
The claimant did not appear
The respondent did not appear
FACTS
1. As neither party appeared, I have disposed of the proceedings under Rule 27(5) of the Industrial Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005. In doing so, I have considered the information provided by the parties. (R. 27(6))
2. The claimant had been employed by the respondent as a Chef for some 9 weeks before he resigned on 18 September 2012. The respondent paid the claimant for the notice period but refused to make any payment in respect of holidays accrued during the employment.
3. The claimant was paid £296.00 net per week. Annual holiday entitlement is 28 days which equates to 0.5 days per week. The claimant should have received:-
£296.00 / 5 = £59.20 x 4.5 = £266.40
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.
Chairman:
Date and place of hearing: 9 January 2013, Belfast.
Date decision recorded in register and issued to parties: