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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Gibson v Early Years Day Nursery Cookst... [2014] NIIT 1853_13IT (17 January 2014)
URL: http://www.bailii.org/nie/cases/NIIT/2014/1853_13IT.html
Cite as: [2014] NIIT 1853_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1853/13
CLAIMANT: Nicole Gibson
RESPONDENT: Early Years Day Nursery Cookstown Ltd
DECISION
The unanimous decision of the tribunal is that the respondent is liable to pay to the claimant the sum of £1,115.40 as set out at paragraph 3 of this decision.
Constitution of Tribunal:
Chairman (sitting alone): Miss E McCaffrey
Members: Mrs T Cregan
Mr W Irwin
Appearances:
The claimant attended in person and was represented by her father, Mr Gibson.
The respondent was represented by the Deputy Manager, Mrs Lisa McDonald and Ms Gillian Robinson also attended.
1. We gave an oral decision at the close of the case and explained that we were making a finding in favour of the claimant. We set out below a summary of this decision. For the reasons given at the conclusion of the case, we are satisfied that the claimant was employed by the respondent at an hourly rate of £5.50 per hour and that she was underpaid for at least part of the time when she worked for the respondent. We are also satisfied that she was not paid for certain hours worked which had not been correctly recorded.
2. We are satisfied that the claimant, who worked 21 hours per week, was entitled to 17 days’ paid holiday per annum and that she had received all of her paid leave during the time when she worked for the respondent.
3. We make the following findings in favour of the claimant:-
Unpaid wages
The claimant was not paid for the first week when she worked for the respondent and she was therefore owed:-
9 hours work x £5.50 per hour = £ 49.50
The claimant was not paid for the last
five weeks when she worked for
the respondent. She worked
a total of 121.5 hours for which she is entitled
to be paid at £5.50 per hour £ 668.25
From February 2013 the claimant’s rate of pay
was unilaterally changed by the respondent
to £5.00 per hour when she was contracted to work
at £5.50 per hour. She therefore worked for
520.3 hours for which she was paid only
£5.00 per hour. She is due the following
amount:-
520.3 x 50p = £ 260.15
We were satisfied that the claimant had
worked an additional 25 hours for which
she had not been paid and she is therefore
due to be paid as follows:-
25 hours at £5.50 = £ 137.50
We order the respondent to pay to the claimant
the total sum as follows:- £1,115.40
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 January 2014, Belfast.
Date decision recorded in register and issued to parties: