Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 774/15

 

 

 

CLAIMANT: Thomas Cannavan

 

 

RESPONDENT: Department of Employment and Learning

 

 

 

DECISION

The unanimous decision of the tribunal is that:-

 

(1) The tribunal on foot of the claimant's application, as amended, to the tribunal, pursuant to Articles 205 and 233 of the Employment Rights (Northern Ireland) Order 1996, makes a declaration, and so finds:-

 

(a) the claimant commenced employment with Glenanne Developments Co Ltd t/a Tiletec, in or about September 2000;

 

(b) the claimant's employment with Glenanne Developments Co Ltd transferred, on or about 1/2 July 2002, to Galas Ltd T/A Tiletec, pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended;

 

(c) the claimant's contract of employment included an implied term requiring him to work for his employer for 3.5 hours 'on every second Saturday'.

 

(2) The tribunal amended the claimant's application, without objection, to include claims relating to liability for holiday pay.

 

(3) The tribunal gave directions, as set out below, in the event if any further hearing was required to determine any payment to be made by the respondent to the claimant, as a consequence of the tribunal's decision, as set out in Paragraph 2. herein.

 

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge Drennan QC

 

Appearances:

The claimant appeared in person and was unrepresented.

The respondent was represented by Mr P Curran of the respondent.

 

Reasons

 

1. Reasons for the said decision were given orally at the hearing, pursuant to Rule 30 of the Industrial Tribunals Rules of Procedure.

 

2. It was agreed, and I so directed, the respondent would promptly notify the claimant with amended details of any payment now required to be paid by the respondent to the claimant, pursuant to the said Articles of the 1996 Order, in light of the tribunal's decision. It was anticipated there would not require to be any further hearing by the tribunal in relation to the amount of any payment to be paid by the respondent of the claimant. However, in the event of any dispute, I gave the parties, and each of them, leave to make application to the Tribunal for a further hearing to be listed to determine the amount of any payment to be so made by the respondent to the claimant. I further direct any such an application must be made within 28 days of the said notification by the respondent.

 

 

 

 

 

 

 

Employment Judge

 

 

Date and place of hearing: 9 July 2015, Belfast

 

 

Date decision recorded in register and issued to parties: