Aiken v Image Adculture Ltd & Ors (Wages, Redundancy Pay, Payment in Lieu of Notice, Holiday Pay, Pension Payment) [2004] NIIT 1563_04 (03 November 2004)
THE INDUSTRIAL TRIBUNALS
CASE REF: 1563/04
APPLICANT: Tanya Aiken
RESPONDENTS: 1. Adculture Ltd
2. S Conway
3. B O'Neill
4. C Joyce
DECISION
The unanimous decision of the tribunal is that the applicant's claims are well founded and awards the applicant £4,591.93.
Appearances:
The applicant appeared in person.
The respondents did not attend nor were they represented.
- The respondents lodged a Notice of Appearance which was received in the Office of Tribunals on 27 October 2004. The respondents have set out a detailed response to the applicant's complaint.
- The applicant was employed as Finance Manager by the first-named respondent.
- It is clear from the complaint and response that the respondents were having financial difficulties. On 22 March 2004 she was asked to attend a meeting with the second and third- named respondents in the Wellington Park Hotel to discuss a previous meeting that the second-named respondent had with A V Browne one of their major clients. She was informed that at the previous meeting A V Browne had given an ultimatum that the respondents should be wound up and a new company started otherwise A V Browne would set up in direct competition.
- The outcome was that the applicant was told the first-named respondent was closing on 23 March 2004 due to insolvency and that she was being made redundant.
- On being made redundant the first-named respondent failed to pay the applicant's salary for March 2004, failed to pay redundancy pay, failed to give her notice or pay in lieu of notice or holiday pay. In addition the applicant had £42.80 per month deducted from her salary in respect of stakeholder's pension.
- The applicant contacted the Department for Employment and Learning seeking payment under the insolvency legislation. The Department were unable to process this matter as the first-named respondent had not formally commenced insolvency proceedings. It would appear that they were not responding to requests from the DELNI.
- The tribunal are satisfied that in March 2004 the first-named respondent had financial problems and they ceased to trade as 'Adculture'. It is not clear from the papers before the tribunal what actually happened to the rest of the staff at the time of closure. The applicant is of the opinion that she was the only member of staff made redundant. The respondents in their Notice of Appearance state "As advised by PWC, our company is insolvent". If that statement is correct the applicant should be in a position to seek payment of monies from the Department.
- The tribunal find that the first-named respondent owes the applicant the following monies and makes an Order accordingly:-
Salary – March 2004 - £1,486.85
One month notice pay - £1,486.85
Redundancy 3 years @ £270.00 pw - £ 810.00
Holiday pay – 6 days - £ 553.83
Recoupment of pension payment £42.80 x 6 - £ 256.80
TOTAL £4,594.33
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- This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 3 November 2004, Belfast.
Date decision recorded in register and issued to parties:
