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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Grant v Rubbertec International Limite... [2011] NIIT 02633_10IT (03 May 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/02633_10IT.html Cite as: [2011] NIIT 02633_10IT, [2011] NIIT 2633_10IT |
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The industrial tribunal awards the claimant £12,298.05, being £1,000.00 for unpaid wages, £307.70 for untaken holidays, £2,769.24 for unpaid notice pay and £8,221.11 for redundancy pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr B Greene
The claimant appeared in person.
The respondent was neither in attendance nor represented.
Sources of Evidence
1. The tribunal heard from the claimant. It also had regard to the claimant’s letter of claim to the respondent and the respondent’s reply to the claimant. The respondent did not enter a response.
The Claim and the Defence
2. (1) The claimant is claiming a
redundancy payment and breach of contract for unpaid wages, holiday
pay and notice pay. The respondent does not dispute the claimant’s
entitlement but pleads inability to pay.
(2) The tribunal is satisfied that the respondent was notified of today’s hearing.
The Issues
3. (1) To what notice pay is the claimant entitled.
(2) To what redundancy pay is the claimant entitled.
Findings of Fact
4. (1) The claimant was born on 28 June 1939.
The
respondent employed the claimant as a quality training manager from
1 January 1991 to 30 April 2010.
The
claimant worked 20 hours per week, earning per month, £1,250.00
gross, £1,000.00 net.
On
30 April 2010 the respondent gathered all the employees together and
told them that the company was closing down due to financial reasons
and all employment was terminated.
The
respondent had not given the claimant any warning or notice of
redundancy nor had it discussed the possibility of redundancy or how
it might be avoided.
The
claimant was not paid wages of £1,000.00 and holiday pay of
£307.70 (which figures are agreed by the respondent). Nor did
the claimant receive any notice pay or redundancy pay.
Under
the claimant’s contract of employment the respondent pays
statutory notice pay and statutory redundancy pay.
By letter of 5 May 2010 the respondent in open correspondence signalled to the claimant that he was entitled to unpaid wages of £1,000.00 for April 2010, accrued holiday entitlement of £307.70, payment in lieu of statutory notice and redundancy pay. The letter went on to say that the respondent was unable to pay the claimant these amounts.
The Law
(1) An
employer shall not make a deduction from the wages of an employee
unless authorised to do so by agreement of the employer or by
operation of the law (Article 45 The Employment Rights (Northern
Ireland) Order 1996).
Failure
to pay an amount of wages properly due to an employee amounts to an
unlawful deduction of wages (Article 45(3) The Employment Rights
(Northern Ireland) Order 1996).
Wages for the purposes of an unlawful deduction from wages claim includes holiday pay (Article 59(1) The Employment Rights (Northern Ireland) Order 1996).
An
employee is entitled to one week’s notice for each year of
employment to a maximum of 12 (Article 118 The Employment Rights
(Northern Ireland) Order 1996).
An
employee is entitled to be paid any sum due to him on the
termination of his employment (Article 3 The Industrial Tribunals
Extension of Jurisdiction Order (Northern Ireland) 1994).
An
employer shall pay a redundancy payment to an employee if the
employee is dismissed by the employer by reason of redundancy
(Article 170 The Employment Rights (Northern Ireland) Order 1996).
Application of the Law on the Findings of Facts To be Issued
6. (1) The respondent breached the
claimant’s contract of employment by not paying to him his
wages for April 2010, his accrued holiday pay, notice pay and
redundancy pay.
(2) The claimant is owed £1,000.00
for unpaid wages and £307.70 for accrued and untaken holidays.
(3) The claimant is entitled to notice
pay of £2,769.24 (£230.77 x 12). The claimant was made
redundant and is entitled to a redundancy payment of £8,221.11
(£288.46 x 28.5).
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 12 April 2011, Belfast.
Date decision recorded in register and issued to parties:
