THE INDUSTRIAL TRIBUNALS

CASE REF:	222/09

CLAIMANT:			Tommy Crozier

RESPONDENT:		KDW Transport Ltd

DECISION
The unanimous decision of the tribunal is that the claim of unfair dismissal is dismissed.  The claim under the Working Time Regulations is upheld and the respondent is ordered to pay the claimant £363.00 in respect of days holiday entitlement.

Constitution of Tribunal:
Chairman:		Mr Kelly
Members:		Mr Hughes
			Mr Kinnear

Appearances:
The claimant did not appear and was not represented.
The respondent was represented by Mr Kennedy, BL, instructed by Fahy Carrigan Solicitors.

1.	The claimant was employed by the respondent as a driver from 15 October 2007.  He left his place of work on 14 November 2008 and did not return.  In the course of a telephone call on 16 November 2008 he told Mr Kenneth Warrington, the owner of the respondent company, that he was not coming back to work.

2.	The claimant’s leave year ran from 1 January to 31 December each year.  In the 2008 leave year the claimant had taken 15 days leave.
3.	The claimant’s average weekly net pay over the twelve weeks immediately before the termination of his employment was [£3630 ÷ 12 = £302.50].

4.	The claimant was entitled to 4.8 weeks leave under Regulation 13 (2) and 13A(2)(a) of the Working Regulations (Northern Ireland) 1998 as amended.

5.	The claimant is entitled to be paid for accrued and untaken annual leave in accordance with Regulation 14(3).

6.	The claimant is therefore entitled to £363.00  as follows:-

Employment during leave year (1 January to 14 November 2008) = 319 days

Accrued leave entitlement = 319 ÷ 365 x 4.8 = 4.2 weeks

Leave taken = 3 weeks

Untaken leave = 1.2 weeks

Compensation due = £363.00

7.	On the basis of the undisputed evidence of Mr Kenneth Warrington, the tribunal concludes that the claimant resigned without notice and was not dismissed.  The claim of unfair dismissal is therefore dismissed.  The tribunal also concludes that the claimant was not entitled to any other payments from the respondent in respect of a lying week and was not subjected to any detriment on health and safety grounds.

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

Chairman:

Date and place of hearing:	7 August 2009, Enniskillen	

Date decision recorded in register and issued to parties: