THE INDUSTRIAL TRIBUNALS 

CASE REF:	3048/04

	
					
APPLICANT:	Thomas William Smyth	

RESPONDENT:	Hi-Tech Security		 

DECISION 

The unanimous decision of the tribunal is that the applicant’s claim is well-founded and the respondent is ordered to pay to the applicant the sum of £4,477.09, being the sum due to the applicant by way of redundancy pay, notice pay, holiday pay and arrears of pay as per the schedule below.  

Appearances:
The applicant was represented by Mr N McClay of A D McClay & Co., Solicitors. 
The respondent did not appear, nor enter a notice of appearance. 

1.	The tribunal had before it the applicant’s originating application and it heard evidence from the applicant.  The respondent did not appear in person or by way of any representative, nor had it entered a notice of appearance.  The tribunal was satisfied on the basis of correspondence on file that the Office of the Industrial Tribunals and Fair Employment Tribunal had communicated the relevant notice to the respondent in relation to the originating application and in relation to the place and date of hearing.

2.	The tribunal decided, pursuant to the powers conferred upon it by Rule 11(3) of the Industrial Tribunals Rules of Procedure, Schedule 1 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004, to dispose of the case in the absence of the respondent.

3.	The tribunal had regard to the contents of the applicant’s originating application, to the applicant’s direct evidence and to the schedule of loss submitted by the applicant’s representative.

4.	The tribunal found the following facts.  The applicant was employed by the respondent as a security worker at Waterside Railway Station in Londonderry from 9 February 1996 to 4 October 2004.  When the respondent lost the contract to provide security services at the station it advised the applicant, with two weeks’ notice, that his contract was to end on 4 October 2004.  He was given no redundancy pay, had only two weeks’ notice and on the termination of his contract was owed arrears of salary and holiday pay, all particularised in a schedule placed before the tribunal.

5.	Having had regard to the foregoing, and in the absence of any contrary representation from the respondent, the tribunal unanimously concluded that the applicant was entitled to, and orders the respondent to pay to the applicant, the sum of £4,477.09, made up as follows:

Redundancy		-					£3,132.00

Notice			-					£1,107.72

Holiday pay		-					£   131.87

Arrears		-					£   105.50  

TOTAL		=					£4,477.09
									=======  

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

Chairman:

Date and place of hearing:	24 March 2005, Londonderry.

Date decision recorded in register and issued to parties: