INDUSTRIAL TRIBUNALS

CASE REF: 3929/03

APPLICANT:	Kenneth John Laverty

RESPONDENT:	McCleery Yarns

DECISION

The unanimous decision of the tribunal is that the applicant is entitled to two months unpaid salary due to him on the termination of his contract of employment.

Appearances:

The applicant appeared in person.

The respondent did not attend and was not represented.

Decision of the tribunal given in summary form

1.	The applicant was dismissed by the respondent on 3 June 2003 when the respondent company ran into trading difficulties.

2.	Under the terms of his contract of employment the applicant was to receive three months pay in lieu of notice.  In his letter of dismissal the applicant was informed that the three months salary would be paid gross and it would be his responsibility to deal with the income tax liability thereon.

3.	In order to facilitate his employers the applicant agreed to take his three months salary by three instalments.  The first instalment of £3,537.00 was paid but the remaining two months salary amounting to £7,074.00 has not been paid.

4.	The tribunal therefore awards the applicant £7,074.00 to be paid by the respondent.

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

Chairman:

Date and place of hearing:  22 January 2004, Belfast.

Date decision recorded in register and issued to parties: