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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McClelland v Ian McKay (Builder) [2011] NIIT 01435_11IT (08 September 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/1435_11IT.html Cite as: [2011] NIIT 01435_11IT, [2011] NIIT 1435_11IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1435/11
CLAIMANT: Kenneth James McClelland
RESPONDENT: Ian McKay (Builder)
DECISION
The decision of the tribunal is that:-
(i) the claimant is entitled to a redundancy payment from the respondent on the basis of the information set out at Paragraph 1 below; and
(ii) the respondent do pay to the claimant the sum of £408.00 in respect of unlawful deductions from wages.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant appeared in person and was not represented.
The respondent did not appear and was not represented.
1(i) The claimant worked for the respondent, a builder, as a driver/labourer from 4 June 2007 until 12 January 2011. He was made redundant on that date when the business ceased to exist.
(ii) His pay was £212.53 per week gross.
(iii) He had three years’ complete service.
(iv) He was aged 57 at the time of dismissal.
(v) The appropriate multiplier for calculating his redundancy payment is 41/2.
(vi) He is therefore entitled to a redundancy payment of:-
£212.53 x 41/2 = £956.38
2. I also find that he is entitled to the sum of £408.00 from the respondent in respect of unpaid wages. This amount is not disputed by the respondent, who in fact provided details of this amount to the claimant.
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 September 2011, Belfast
Date decision recorded in register and issued to parties:
