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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Wilson v Department for the Economy [2017] NIIT 04231_17IT (20 December 2017)
URL: http://www.bailii.org/nie/cases/NIIT/2017/04231_17IT.html
Cite as: [2017] NIIT 04231_17IT, [2017] NIIT 4231_17IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 4231/17
CLAIMANT: Jonathan Wilson
RESPONDENT: Department for the Economy
DECISION
(A) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 ("ERO"), and for that purpose, I determine that, in December 2016, Mr Chris McClintock was liable to make a redundancy payment to the claimant. (The precise amount of that liability will be agreed between the parties or, if not, will be assessed during the course of a future remedies hearing).
(B) The claimant's appeal in respect of wages under Article 233 of ERO is
well-founded. (The precise amount due to the claimant in respect of wages will be agreed between the parties or, if not, will be assessed during the course of a future remedies hearing).
(C) The claimant's appeal in respect of holiday pay under Article 233 of ERO is
well-founded. (The precise amount due to the claimant in respect of holiday pay will be agreed between the parties or, if not, will be assessed during the course of a future remedies hearing).
(D) The claimant's appeal in respect of notice pay, under Article 233 of ERO is
well-founded. (The precise amount which is due to the claimant in respect of notice pay will be agreed between the parties or, alternatively, will be the subject of an assessment during the course of a future remedies hearing).
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge Buggy
Appearances:
The claimant was self-represented.
The Department was represented by Mr Neil Cruikshanks.
REASONS
1. I announced my decision at the end of the hearing. At the same time, I gave brief oral reasons for that decision.
2. The claimant provided sworn oral testimony in this case. I regarded him as an honest witness.
3. The claimant is entitled to have his redundancy pay, holiday pay and notice pay entitlements assessed on the basis that he was being paid full hourly minimum wage rate (even though the actual payments were being made on an hourly rate lower than the minimum wage).
Employment Judge:
Date and place of hearing: 14 December 2017, Belfast.
Date decision recorded in register and issued to parties: