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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Arthurs v Willowbrook Trading Company Li... [2016] NIIT 01598_16IT (06 September 2016)
URL: http://www.bailii.org/nie/cases/NIIT/2016/01598_16IT.html
Cite as: [2016] NIIT 1598_16IT, [2016] NIIT 01598_16IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1598/16
CLAIMANT: Linda Arthurs
RESPONDENT: Willowbrook Trading Company Limited
DECISION
The claimant is entitled to be paid the total sum of £5,360.66 in respect of redundancy pay and notice pay by the respondent.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge McCaffrey
Appearances:
The claimant appeared in person and represented herself.
The respondent was represented by Ms S Carney, of the respondent company.
1. The claimant commenced employment with the respondent and its predecessors in title in June 2000 at the age of 16. Her date of birth is 10 April 1984. She continued in employment with the respondent until the business closed on 30 March 2016.
2. Having heard the contentions of the claimant and having received the confirmation from Ms Carney that the claimant was not paid redundancy pay or notice pay, I am satisfied that the claimant is entitled to an award for redundancy pay and notice pay.
3. The claimant was on maternity leave at the date of dismissal. She commenced maternity leave on 26 June 2015. She was paid on a commission basis and her average pay for the 12 weeks before she commenced maternity leave was £210.92 per week. Her gross pay was £226.37 per week.
4. I am satisfied that the claimant is entitled to notice pay as follows:-
£210.92 x 12 weeks = £2,531.04
5. I am satisfied that the clamant is entitled to an award in relation to redundancy pay. She had five years' service under the age of 22 and ten years' service when she was aged 22 or over but under the age of 41. The relevant multiplier is therefore 12.5 and her redundancy pay will be calculated as follows:-
£226.37 x 12.5 weeks = £2,829.62
6. I therefore order the respondent to pay to the clamant the total sum of £5,360.66.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge:
Date and place of hearing: 26 August 2016, Belfast.
Date decision recorded in register and issued to parties: