Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 2166/15

 

 

 

CLAIMANT: Brendan Masterson

 

 

RESPONDENT: Department for Employment and Learning

 

 

 

DECISION

(A) I am satisfied that Ms Fiona McLarnon is liable to make a redundancy payment of £3,030 to the claimant.

 

(B) The claimant has made it clear that he does not wish to continue to appeal under Article 233 of the Employment Rights (Northern Ireland) Order ("ERO") in respect of wages.

 

(C) Pursuant to Article 233 of ERO, I am satisfied that the Department ought to make payments to the claimant of: (1) £1,459 in respect of holiday pay and (2) £1,326 in respect of notice pay.

 

 

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge Buggy

Appearances:

The claimant was self-represented.

The respondent was represented by Mr Neil Cruikshanks.

 

REASONS

 

1. The claimant was employed in the Stables Public House in Antrim for several years until January 2015, when he was made redundant. In January 2015, the licensee of the bar was Mrs Fiona McLarnon, and at that time she was the claimant's employer. She became bankrupt in January 2015. The claimant applied to the respondent Department (in its role as the statutory guarantor in respect of certain debts) for payments in relation to sums owing to him by Ms McLarnon, namely holiday pay, notice pay and redundancy pay. Those applications were refused by the Department, because of a lack of clarity in relation to certain factual and documentary matters. Accordingly, the claimant appealed against those refusals on the part of the Department, pursuant to Article 205 and Article 233 of ERO. This is my decision in respect of those appeals.

 

2. These appeals were heard over the course of two separate days of hearing. During the first day of hearing, the only oral testimony was from the claimant himself.

 

3. In light of the nature and context of the claimant's oral testimony, there appeared to be some troubling factual issues. Accordingly, I issued an order requiring the attendance of Ms Fiona McLarnon, as a witness.

 

4. During the second day of hearing, Ms McLarnon and her husband, Mr Gerard McLarnon, provided evidence on oath.

 

5. I told the parties that, in light of the sworn oral testimony of the McLarnons, I was minded to conclude the following, in relation to the following factual issues:

 

(1) that the claimant had been paid wages up to date at the time of the termination of his employment;

 

(2) that (rather remarkably) the claimant took no holiday leave at all during the year 2014; and

 

(3) that the various payslips which the claimant had provided were accurate records of the claimant's gross and net pay during relevant weeks.

 

6. Against that background, I invited the parties to seek to agree figures in respect of holiday pay, notice pay and redundancy pay. Against the same background, the claimant made it clear that he did not wish to pursue any appeal in relation to arrears of pay.

 

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

 

 

 

 

Employment Judge:

 

 

Dates and place of hearing: 23 October and 3 December 2015, Belfast.

 

 

Date decision recorded in register and issued to parties: