Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 436/16

 

 

 

CLAIMANT: Marlena Makowska

 

 

RESPONDENT: Shamel Ltd

t/a Makhulu 5

 

 

 

DECISION

The respondent is ordered to pay to the claimant the sum of £598.93 in respect of holidays accrued but not taken.

 

Constitution of Tribunal:

Employment Judge: Employment Judge McCaffrey (sitting alone)

 

 

Appearances:

The claimant appeared in person.

The respondent had not entered a response and is debarred from participating in these proceedings.

 

Interpreter: Zofia Jackson, interpreter.

 

 

1. This case was listed for a remedy hearing following a default judgment having been issued in the claimant's favour by Employment Judge Greene on 24 March 2016. The outstanding issue related to the amount of the remedy due to her.

 

2. The claimant produced payslips and also notes of the hours she had worked for the respondent. She confirmed that she did not work regular hours but worked the hours as required. Accordingly I have calculated the amount of her week's pay in accordance with Article 18 of the Employment Rights (Northern Ireland) Order 1996 to be £275.91 gross per week. The claimant worked a five day week and on occasions worked a six day week. She worked for the respondent between 6 April 2015 and 25 October 2015 when her employment ended. She did not have any paid holiday during that period.

 

3. On the basis of the evidence given by the claimant, I am satisfied that she was entitled to 28 days paid annual leave per annum and for the period she worked for the respondent (29 weeks) she was entitled to 15.6 days leave which is rounded up to 16 days leave. While she did have four days holiday during this period, she was not paid for those days.

 

4. On the basis that the claimant's average pay was £55.18 per day (£275.91 divided by 5 = £55.18) she is entitled to be paid in lieu of notice as follows:

 

£55.18 x 16 = £882.93

 

5. The claimant confirmed that the respondent had paid her the sum of £294 in respect of holiday pay which leaves a balance due to her of £598.93.

 

6. The payslips provided by the claimant show her employer as Shamel Ltd and accordingly I order that the name of the respondent shall be amended to read "Shamel Ltd t/a Makhula 5".

 

7. I order the respondent to pay to the claimant the sum of £598.93 in respect of pay in lieu of holidays accrued but not taken.

 

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order

(Northern Ireland) 1990.

 

 

 

Employment Judge:

 

 

Date and place of hearing: 5 May 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: