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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Mathers v Annesborough Engineering Limit... [2013] NIIT 00378_13IT (21 May 2013) URL: http://www.bailii.org/nie/cases/NIIT/2013/378_13IT.html Cite as: [2013] NIIT 378_13IT, [2013] NIIT 00378_13IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 378/13
CLAIMANT: Alwyn Frederick Mathers
RESPONDENT: Annesborough Engineering Limited
DECISION
The unanimous decision of the tribunal is that the respondent shall pay the sum of £6,178.85 to the claimant, as set out at paragraph 5 below.
Constitution of Tribunal:
Chairman (Sitting alone): Miss E McCaffrey
Appearances:
The claimant appeared in person.
The respondent did not enter a response, Mr Clive Parks of the respondent company attended the hearing.
1. At the outset of the hearing it was pointed out to Mr Parks that he was not entitled to take part in the proceedings as no response had been entered, he replied that he had not entered a response as the matter was not being contested.
2. Mr Mathers produced payslips to the tribunal showing his gross pay as £429.00 per week and his net pay as £336.06. He gave evidence that he had not received pay for 11 weeks and four days up to 14 February 2013, after that he had had a period of sick leave to 11 April 2013, at which point he resigned to take up another job.
3. He advised that he was also entitled to a “lying week” and this was not disputed by Mr Parks.
4. I therefore find that the claimant’s claim for arrears of pay is well-founded. As this is a claim under the claimant’s contract, the award I make is gross of Tax and National Insurance, but will be payable by the employer only after he has deducted Income Tax and National Insurance Contributions from it and accounted to the appropriate authorities for such amounts.
5. Accordingly, I ordered the respondent to pay to the claimant the following amounts:-
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Arrears of pay for 11 weeks and four days as follows:-
11 x £429.00 |
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£4,719.00 |
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£85.80 x 4 days |
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£343.20 |
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Total: |
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£5,062.20 |
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Unpaid wages for the claimant’s lying week |
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£429.00 |
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Sick pay from 14 February 2013 to 11 April 2013
7 weeks @ £85.85 |
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£600.95 |
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One week @ £86.70 |
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£86.70 |
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Total: |
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£687.65 |
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6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 May 2013, Belfast.
Date decision recorded in register and issued to parties:
