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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCusker v Wooden Floor Services Ltd [2012] NIIT 00360_12IT (27 April 2012) URL: http://www.bailii.org/nie/cases/NIIT/2012/00360_12IT.html Cite as: [2012] NIIT 00360_12IT, [2012] NIIT 360_12IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 360/12
CLAIMANT: Paul McCusker
RESPONDENT: Wooden Floor Services Ltd
DECISION
The tribunal awards the sum of £4,387.10 in respect of redundancy pay, notice pay and holiday pay.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs Ó Murray
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
REASONS
1. I considered the evidence both oral and documentary and found the following facts and reached the following conclusions.
2. The claimant’s date of birth is 15 October 1973 and he was employed from 3 June 2005 until 9 December 2011 by the respondent. The claimant was dismissed without notice for redundancy due to the closure of the business.
REDUNDANCY
3. The claimant is entitled to the following sum in relation to redundancy pay:-
6 weeks x £288.46 gross weekly pay = £1,730.76
NOTICE PAY
4. The claimant was entitled to six weeks’ notice. The sum awarded for notice pay is therefore as follows:-
6 weeks x £228.99 net weekly pay = £1,373.94
HOLIDAY PAY
5. The holiday year ran from 1 January to 31 December the following year. The claimant’s entitlement was 28 days per year to include public and bank holidays. The claimant left the respondent 22 days before the end of the holiday year. I am satisfied that the claimant did not take any of his holidays during that holiday year as he and the other workers did so in order to aid the company which was clearly in difficulties. I therefore award the full holiday entitlement of 28 days and the compensation awarded is as follows:-
28 days x daily rate £45.80 net = £1,282.40
6. The claimant also claimed for 17 days’ holidays from the 2010 holiday year which he had carried over to the 2011 holiday year by virtue of a verbal agreement with his employer.
7. The Working Time Regulations (Northern Ireland) 1998 as amended govern the entitlement to holiday pay in this case. There is a limited right to carry over some holidays to the following holiday year if a written workforce agreement so allows. There was no written agreement in force in this case and the claimant is therefore not entitled to claim for the holidays carried over from 2010. I therefore do not award any compensation in relation to the 17 days’ holidays from the 2010 holiday year.
SUMMARY
8. The total compensation awarded is as follows:-
Redundancy: £1,730.76
Notice pay: £1,373.94
Holiday pay: £1,282.40
_______
Total: £4,387.10
9. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.
Chairman:
Date and place of hearing: 24 April 2012, Belfast.
Date decision recorded in register and issued to parties:
