Magee v McGuiness (t/a The Windscreen Centre) [2003] NIIT 613_03 (26 November 2003)

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Magee v McGuiness (t/a The Windscreen Centre) [2003] NIIT 613_03 (26 November 2003)
URL: http://www.bailii.org/nie/cases/NIIT/2003/613_03.html
Cite as: [2003] NIIT 613_3, [2003] NIIT 613_03

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    INDUSTRIAL TRIBUNALS

    CASE REF: 613/03

    APPLICANT: Yannick Magee

    RESPONDENT: Laurence McGuiness trading as The Windscreen Centre

    DECISION

    The unanimous decision of the tribunal is that the respondent unfairly dismissed the applicant. Accordingly the respondent is ordered to pay to the applicant the sum of £975.00.

    The correct title of the respondent is as detailed above and the title of the proceedings are amended accordingly.

    Appearances:

    The applicant did not appear and was not represented.

    The respondent did not appear and was not represented. The respondent had failed to enter a Notice of Appearance.

    Summary Reasons

  1. This is a complaint by the applicant that the respondent unfairly dismissed him without notice from his employment as a windscreen fitter on 12 February 2003. The applicant also alleged that the respondent had failed to respond to his request for a written statement regarding the reasons for his dismissal. The tribunal considered the issues on the basis of the Originating Application signed by the applicant.

  2. The tribunal was satisfied on the balance of probabilities of the following facts:-

    3. (i) The applicant was dismissed from his employment on 12 February 2003 without notice.

    (ii) The applicant had two years complete service with the respondent at the effective date of dismissal.

    (iii) The applicant was aged 19 at the date of dismissal.

    (iv) The applicant's weekly wage was £194.68 gross and £165.00 nett.

    (v) The applicant had requested a written statement giving particulars of the reason for his dismissal.

    (vi) The respondent had failed to provide a written statement or to establish that the dismissal was fair in accordance with Article 130 of the Employment Rights (Northern Ireland) Order 1996. The respondent had breached the applicant's legal entitlement to two weeks notice of his intention to terminate the applicant's employment.

    (vii) The correct title of the respondent is Laurence McGuiness trading as The Windscreen Centre.

  3. There was no information before the tribunal that enabled the tribunal to make a compensatory award over and above a payment for loss of statutory rights and payment for failure to provide notice of termination of his employment. Further there was no evidence that the applicant had claimed Jobseeker's Allowance since the date of dismissal.

  4. The applicant is entitled to compensation for unfair dismissal and the failure to provide written reasons for the dismissal. Compensation is assessed as follows:-

    5. Basic Award

    Two years at half weeks gross pay @ £194.68 per week -- £194.68 say £195.00

    Award in accordance with (Article 125(2)(b))

    Two weeks pay £330.00

    Compensatory Award

    Loss of statutory rights £120.00

    Payment in respect of failure to provide notice

    Of termination of the employment £330.00

    Monetary Award Grand Total -- £975.00
  5. The Recoupment Regulations may apply and the parties' attention is drawn to the Notice below which forms part of the decision of the tribunal. The period of the prescribed element runs from 12 February 2003 until 26 February 2003. The prescribed element of the award amounts to £330.00 and the excess of monetary award over prescribed element amounts to £645.00.

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

    7. Chairman:

    Date and place of hearing: 26 November 2003, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2003/613_03.html