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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> O'Brien v Ferguson Flowers International Lowood Developments Ltd (in li... Michael Ferguson t/a Ferguson ... Michael Ferguson Flowers [2013] NIIT 2442_12IT (09 July 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/2442_12IT.html
Cite as: [2013] NIIT 2442_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2442/12
CLAIMANT: Shenead O’Brien
RESPONDENTS: 1. Ferguson Flowers International
2. Lowood Developments Ltd (in liquidation)
3. Michael Ferguson t/a Ferguson Flowers
4. Michael Ferguson Flowers
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a balance redundancy payment of £1,751.04, together with 12 weeks notice pay amounting to £1,167.36, and £340.48 holiday pay, totalling £3,258.88.
Constitution of Tribunal:
Chairman: Mr S A Crothers
Members: Mrs D Adams
Mrs T Cregan
Appearances:
The claimant appeared and represented herself.
The respondents did not enter responses and were not present or represented at the hearing.
The Claim
1. The claimant claimed redundancy pay, notice pay, and 7 days holiday pay. She withdrew her claim for unfair dismissal from before the tribunal.
Amendment Three
2. Lowood Developments Ltd is in liquidation and the title of this respondent is amended to that shown above. The claimant has also claimed payments from the Department for Employment and Learning.
Source of Evidence
3. The tribunal heard evidence from the claimant and considered any relevant documentation.
Findings of Fact
4. Having considered the evidence insofar as same related before it, the tribunal made the following findings of fact on the balance of probabilities:-
(1) The claimant’s date of birth is 2 July 1972. She worked for the respondent(s) from December 1990 until 30 September 2012, being the effective date of termination of her employment. The claimant worked 16 hours per week at the date of termination of her employment. Her gross and net weekly pay was £97.28. The respondent had paid an amount of £97.28 towards her redundancy. She was entitled to 7 days holiday and to 12 weeks notice pay.
(2) The tribunal is satisfied that the claimant was made redundant without notice.
The Law
5. The tribunal considered the relevant provisions of the Employment Rights (Northern Ireland) Order 1996 together with the relevant provisions of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 in relation to breach of contract.
Conclusions
6. Having considered the evidence and the facts as found the tribunal concludes as follows:-
(i) The claimant is entitled to a redundancy payment calculated as follows:-
On the termination of her employment she was aged 40 and was entitled to 19 weeks’ pay.
The appropriate multiplier for calculating her redundancy payment is:-
£97.28 x 19 = £1,848.32 - £97.28 = £1,751.04.
(ii) The claimant, by virtue of her service, is entitled to 12 weeks notice pay at £97.28 per week, amounting to £1,167.36.
(iii) The claimant was also entitled to seven days holiday pay x £48.64 = £340.48.
(iv) The total amount to be paid by the respondent(s) is therefore £3,258.88.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 10 June 2013, Belfast.
Date decision recorded in register and issued to parties: