Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:    1110/10

      

 

CLAIMANT:                          Bronislav Kawulok

 

RESPONDENT:                  Fisher Metal Engineering LLP

 

 

 

 

DECISION  (REMEDIES)

 

The unanimous decision of the tribunal is as follows. Pursuant to the Default Judgement which has been issued in this case, it is ordered that the respondent shall pay to the claimant the sum of £3,681 in respect of unfair dismissal.

 

 

 

Constitution of Tribunal:

 

Chairman:                            Mr P Buggy

 

Members:                             Dr C Ackah

                                                Mr J Norney

 

 

 

Appearances:

 

The claimant was represented by Mr N Gillam, Solicitor, of Donnelly and Kinder Solicitors.

 

The respondent was not represented.

 

 

 

REASONS

 

1.         Mr Gillam made it clear that the only claim which the claimant wishes to pursue is the claim of unfair dismissal.  A Default Judgement was made in respect of that claim.  As a result of subsequent correspondence from the respondent’s then solicitors (solicitors who now no longer act for the respondent), the respondent was deemed to have applied for a review of that Default Judgement.  That deemed application for review was unsuccessful.

 

2.         The background to this case is that a significant number of employees of the respondent have been dismissed by reason of redundancy, and without payment of employment- related debts which are properly due to them from the respondent.

3.         Against that background, at this remedies hearing, the claimant limited himself to a claim for an award of £3,681, which was made up as follows:  First, it included a sum of £1,520 in respect of a basic award.  Secondly, it included a sum of £2,161 in respect of a compensatory award.

 

4.         The suggested compensatory award consisted of four weeks net pay, at £379 per week; a figure of £380 in respect of loss of statutory rights; and a figure of £265, representing the net value of holiday pay entitlement which the claimant had accrued at the time of his unfair dismissal, and which he would have benefited from had he not been dismissed.

 

5.         In our view, the amounts sought by the claimant are properly due.  First, £1,520 is due to him by way of a basic award, on account of his length of service and his gross weekly pay.  Secondly, the overall amount sought in respect of compensatory award is appropriate and proportionate; and we have no doubt that, as a result of this unfair dismissal, the claimant has lost financially to the extent indicated by the amount which has been claimed in respect of the compensatory award.

 

Recoupment

 

6.         The Recoupment Regulations apply.  The prescribed period was the period from 13 January 2010 until 1 April 2011.  The prescribed amount was £1,781.  The amount by which the amount of the unfair dismissal award exceeds the prescribed amount is £1,900.

 

7.         We note that the claimant did not receive any social security benefits in respect of any period earlier than Easter 2010.

 

Interest

 

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

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:          1 April 2011, Belfast.

 

 

Date decision recorded in register and issued to parties: