Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2013/2443_12IT.html
Cite as: [2013] NIIT 2443_12IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 2443/12

CLAIMANT: Samantha Strain

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 £97.28 together with £194.56 notice pay and £162.46 holiday pay. She is also entitled to £213.74 for arrears of wages, totalling £668.04.

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 3.34 days holiday pay together with an amount for arrears of pay. The claimant withdrew her claim for unfair dismissal.

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 of Employment and Learning.

The Issues

3. The issues before the tribunal were as follows:-

(i) Is the claimant entitled to a redundancy payment?

(ii) Is the claimant entitled to a payment in lieu of notice?

(iii) Is the claimant entitled to holiday pay?

(iv) Is the claimant entitled to an amount for arrears of wages?

Sources of Evidence

4. The tribunal heard evidence from the claimant and considered any relevant documentation.

Findings of Fact

5. Having considered the evidence insofar as same relates to the issues before it, the tribunal made the following findings of fact on the balance of probabilities:-

(1) The claimant’s date of birth is 8 April 1988. She worked for the respondent(s) from May 2010 until 30 September 2012, being the effective date of termination of her employment. The claimant worked two days per week (16 hours). Her gross and proper net weekly pay was £97.28. It transpired, upon examination of the claimant’s P45, that she was being paid at the minimum wage rate of £6.08 per hour. No deductions ought to have been made from her gross salary, yet she received £92.80, a difference of £4.48 per week. She was also entitled to 3.34 days holiday pay and two weeks notice pay.

(2) The tribunal is satisfied that the claimant was made redundant without notice.

The Law

6. 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

7. 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:-

When the termination of her employment she had was aged 24 and three years completed service.

The appropriate multiplier, taking into account the amount of redundancy already paid to her of £97.28 is:-

£97.28 x 1 = £97.28.

(ii) The claimant, by virtue of her service, is entitled to two weeks’ notice pay at £97.28 per week, amounting to £194.56.

(iii) The claimant was entitled to 3.34 days holiday pay and is therefore entitled to 3.34 x 48.64 = £162.46.

(iv) On the evidence before it, the tribunal is unable to arrive at a precise calculation of arrears of wages owed before 1 October 2011 when the minimum wage was increased to £6.08 per hour. However, from that point in time until the effective date of termination of her employment on 30 September 2012, the tribunal is satisfied that she is entitled to payment calculated at 47.71 weeks x £4.48 = £213.74.

8. 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 2012, Belfast.

Date decision recorded in register and issued to parties:

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