Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   1745/14

 

 

CLAIMANT:                      Ignatius Roche      

 

 

RESPONDENTS:              1. Shipquay Books Ltd

                                        2. Department for Employment and Learning

                                       

 

 

DECISION

 

(A)     All of the claimant’s claims against the first-named respondent (“the Company”) are well-founded.

 

(B)      It is ordered that the Company shall pay to the claimant the following sums:

 

          (1)      £1,800 in respect of holiday pay and

 

          (2)      £2,440 in respect of notice pay.

 

(C)     It is declared that the Company is liable to make a redundancy payment of £13,865 to the claimant.

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone):      Employment Judge Buggy

 

 

 

Appearances:

 

 

The claimant was self-represented.

 

The Company was debarred from participating in the proceedings, because it had not presented a response.

 

The Department was not represented.

 

 

REASONS

 

1.       The Department had been joined to these proceedings as a notice party.  However, the Department decided not to participate in these proceedings.

 

2.       The claimant was a witness in these proceedings.  I regarded him as an honest witness.  He provided me with a copy of his contract of employment.  I am satisfied that, although the claimant was a shareholder, the purported contract of service had real, operational, significance.  I was satisfied that the claimant was employed, at all relevant times, by the Company, under a contract of service. 

 

3.       This decision is based on the following information:

 

          Actual gross weekly pay:                                                      £495

 

          Deemed gross weekly pay (for redundancy pay purposes):    £470

 

          Net weekly pay:                                                                   £373

 

          Number of actual completed years of service:                        26

 

          Age on date of dismissal:                                                     59

 

          Multiplier (for redundancy pay):                                             29.5

 

4.       For redundancy pay purposes, the legislation deems every weekly salary, in respect of terminations in August 2014 to be limited to a maximum of £470.  During the hearing, I did not notice that £495 is in excess of that maximum.  I apologise to the claimant for not drawing that matter to his attention during the hearing.

 

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

 

 

 

 

Employment Judge:      

 

 

Date and place of hearing:         16 December 2014, Belfast.      

 

Date decision recorded in register and issued to parties: