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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Murray v Fisher Metal Engineering LLP [2010] NIIT 01116_10IT (07 March 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/01116_10IT.html Cite as: [2010] NIIT 01116_10IT, [2010] NIIT 1116_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1116/10
CLAIMANT: John Murray
RESPONDENT: Fisher Metal Engineering LLP
DECISION
(A)
The claimant’s
claim in respect of holiday pay is well-founded and it is ordered that the
respondent shall pay to the claimant the sum of £500 in respect of holiday pay.
(B)
The claimant’s
claim in respect of notice pay is well-founded and it is ordered that the
respondent shall pay to the claimant the sum of £2,000 in respect of notice
pay.
(C) The claimant’s claim in respect of redundancy pay is well-founded and it is declared that the claimant is entitled to the sum of £2,280 in respect of redundancy pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr Paul Buggy
Appearances:
The claimant was represented by Mr N Gillam, Solicitor of Donnelly and Kinder Solicitors.
There was no appearance on behalf of the respondent.
REASONS
1.
I delivered my
Decision at the end of the main hearing. At the same time, I gave oral reasons
for my decision. Accordingly, what follows is by way of summary only.
2. On the basis of the claimant’s sworn oral testimony, and on the basis of the available documentary evidence, I was satisfied as to the following.
3.
The claimant was
employed in an entity which was originally in the hands of Fisher Metal Engineering
Ltd, but which subsequently ended up in the hands of the respondent to these
proceedings, and was employed in that entity for more than four years and for
less than five years. When the entity came into the hands of the respondent to
these proceedings, it did so as a result of a “relevant transfer” within the
meaning of transfer of undertakings legislation. The claimant’s employment was
terminated by reason of redundancy, with effect from the beginning of
March 2010.
4. The claimant’s annual leave entitlement was 28 days. His leave year coincided with the calendar year. By the time of his dismissal, he had accumulated approximately 4.66 days of untaken holiday leave entitlement. His average take-home pay was £500. On that basis, I have calculated that the claimant was entitled to £500 in respect of holiday pay.
5. I have not been addressed in any detail, in the context of this holiday pay claim, on the question of whether the relevant monetary entitlement (the entitlement in respect of holiday pay) should be calculated. Should it be calculated precisely, or should it be rounded-up, or should it be rounded-down? Against that background, I have awarded a “rounded-up” amount. However, if and when the Department for Employment and Learning (in its role as the statutory guarantor in respect of certain employment debts) ends up having to consider the making of a payment to the claimant in respect of this holiday entitlement, it will of course then be open to the Department to apply for a relevant extension of time (an extension of time for applying for review of this part of the Decision), and, if successful in that application, to apply for a review of this part of the Decision.
6. The claimant was entitled to four weeks notice pay, at £500 per week.
7. I calculated the claimant’s redundancy pay entitlements on the basis of his length of service, his age, the date of dismissal, and the maximum weekly figure at that time allowed in respect of redundancy pay (which was £380).
8. According to the claimant’s claim form, his gross weekly pay was only £450. However, the claimant told me that this was a note only of his basic pay, and that he often carried out a substantial amount of overtime.
9. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 4 March 2011, Belfast.
Date decision recorded in register and issued to parties: