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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Lavery v Bill Gibson Dimension Display Ltd [2011] NIIT 01231_11IT (02 September 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/1231_11IT.html Cite as: [2011] NIIT 01231_11IT, [2011] NIIT 1231_11IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1231/11
CLAIMANT: Raymond Lavery
RESPONDENTS: 1. Bill Gibson
2. Dimension Display Ltd
DECISION
The decision of the tribunal is that:-
(a) The claimant is entitled to a redundancy payment of £3,400.00.
(b) The claimant is entitled to holiday pay of £1,608.00.
(c) The claimant is entitled to notice pay of £2,157.42.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented himself.
The respondents were represented by Mr Gibson, of the respondent company.
1. At the outset it was confirmed that the correct employer and the correct respondent is:-
Dimension Display Ltd
Mr Gibson is the managing director of the respondent. He accepted that he had not put in a response to this claim, that he did not intend to put in a response and that he accepted that the claimant’s claims were due and owing.
2. After having heard from the claimant, I am satisfied that he is entitled to redundancy pay, holiday pay and notice pay from the respondent, Dimension Display Ltd. The claimant was 46 years old at the date of termination of his employment. He was employed from 2 December 2004 to 16 March 2011. The claimant was dismissed by reason of redundancy. At the date of termination of employment the claimant’s gross weekly wage was £522.00 and his net weekly wage was £402.00. The claimant received no notice pay and had an entitlement to 20 days holidays. He obtained Jobseeker’s Allowance from 30 March 2011 in the sum of £63.65 and obtained new employment in July 2011.
3. The tribunal makes the following awards:-
Redundancy pay
The claimant’s redundancy pay is calculated to take into account his age, length of service and his gross pay. However, the amount of the weekly gross pay is capped to a maximum of £400.00. The claimant is entitled to the sum of £3,400.00.
Holiday pay
The claimant is entitled to 20 days holiday pay for holidays accrued during the current holiday period but not taken. Holiday pay is based on the net weekly wage. The claimant is entitled £1,608.00 in respect of holiday pay.
Notice pay
The claimant is entitled to six weeks notice pay based on his net weekly wage of £402.00. This makes the sum of £2,412.00. From this must be deducted the benefits received during the notice period of £257.58. The claimant is therefore entitled £2,157.42.
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 23 August 2011, Belfast
Date decision recorded in register and issued to parties:
