Mackey v Crawford (t/a Maries International) [2002] NIIT 4643_99 (11 September 2002)

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URL: http://www.bailii.org/nie/cases/NIIT/2002/4643_99.html
Cite as: [2002] NIIT 4643_99

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THE INDUSTRIAL TRIBUNALS

CASE REFS: 04643/99UD

04644/99WO

04645/99MW

APPLICANT: Christina Mackey

RESPONDENT: Jean Crawford, T/A Maries International

DECISION

Appearances:

The applicant did not appear and was not represented.

The respondent was represented by Mr K McGuigan of R H O Connor & Co, Solicitors

The unanimous decision of the Tribunal is that the applications be dismissed.

Extended reasons:-

The applicant did not appear. Having allowed 15 minutes in case she had been delayed the Tribunal considered it appropriate to deal with the matter in her absence taking into account the contents of her Originating Application. That application indicated that the applicant had been employed for just in excess of one year by the respondent and had been dismissed. The application also indicated, both in terms and on the basis of the details of her hours worked and gross wage, that the applicant was receiving less than the minimum wage. The Originating Application also alleged, but with little detail, that the applicant had not received any holiday pay.

Evidence was given on behalf of the respondent by Mr Charles McNabb, the respondent's external accountant. As regards the dates of commencement and termination of the applicant's employment Mr McNabb referred to a copy of a Form P45 presented to the respondent at the commencement of the applicant's employment. Part 2 of that form showed that the applicant's entitlement to unemployment benefit ceased on 9 November 1998 and Part 3 of the form, which had to be completed for production to the Inland Revenue, showed a commencement date for the applicant's employment with the respondent of 3 November 1998. At the end of the applicant's employment a further Form P45 was completed and sent both to the applicant and to the Inland Revenue. A copy of that form produced by Mr McNabb showed the leaving date from the respondent's employment as 10 October 1999.

The Tribunal accepted Mr McNabb's evidence as to the date of the applicant's employment and concluded that, on the basis of his evidence, the applicant did not satisfy the qualifying period of employment of one year set out in Article 140(1) of the Employment Rights (NI) Order 1996. Accordingly, no statutory right not to be unfairly dismissed accrued to the applicant and her application in that regard fell to be dismissed.

Mr McNabb also gave evidence with regard to the matter of holiday pay and minimum wage. Following the termination of the applicant's employment discussions took place between Mr McNabb and a representative of an advisory body which dealt with the then newly introduced minimum wage. The National Minimum Wage Regulations 1999 came into force on 1 April 1999, some months after commencement of the applicant's employment though would have been applicable to the applicant from then on. The question of holiday pay arising under the Working Time Regulations (NI) 1998, which came into force on 23 November 1998, also featured in these discussions. Agreement was reached as to the amount of holiday pay due and as to the amount which ought to have been paid by way of wages to the applicant under the Minimum Wage Regulations. These sums totalled £1,176.78 pence, net of tax and National Insurance, which sum was paid to the applicant.

The Tribunal accepted Mr McNabb's evidence as the amount of holiday pay and minimum wage and concluded that all sums due on account of the same had been duly discharged and that, consequently, the claims should be dismissed.

Chairman:

Date:

Date and place of hearing: 11 September 2002, Omagh Courthouse

Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/4643_99.html