Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:   1154/14

CLAIMANT:                      Deborah Killen

RESPONDENTS:              1.       Cordner’s Shoes

                                        2.       Harold Lindsay

DECISION

The decision of the tribunal is that the claim for holiday pay is dismissed.  The claimant is awarded one week’s net pay in lieu of notice which is the statutory minimum to which she was entitled, ie £236.60.

Constitution of Tribunal:

Vice President (sitting alone):              Mr N Kelly

Appearances:

The claimant did not appear and was not represented.

The respondents were represented by Mr H Lindsay, of the respondent company.

1.       The hearing commenced shortly after 10.00 am as scheduled.  The claimant did not appear at that time.  She did not in fact appear until the case had been completed and until the Vice President was involved in another matter which commenced afterwards. 

2.       The second-named respondent gave sworn evidence and stated that all holiday pay due had been paid to the claimant.  He accepted that no notice pay had been paid and produced pay records to indicate that the net weekly pay would be £236.60. 

3.       In the absence of any evidence of any loss in relation to holiday pay and given the evidence of the second-named respondent, I dismissed the claim in respect of holiday pay.  The second-named respondent accepted that no notice pay had been paid to the claimant and that on that basis the statutory minimum of one week’s pay was due in lieu of that notice.  I therefore awarded one week’s net pay which was £236.60.

4.       This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Vice President

Date and place of hearing:         1 October 2014, Belfast

Date decision recorded in register and issued to parties: