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Cosby v Ferguson (t/a Locktight Security) (Wages, Holiday Pay, Notice Pay) [2004] NIIT 1746_04 (29 November 2004)

THE INDUSTRIAL TRIBUNALS

CASE REF: 1746/04

APPLICANT: William Cosby

RESPONDENT: Robert Ferguson t/a Locktight Security

DECISION

The unanimous decision of the tribunal is

(a) that the title be amended to show the respondent as Robert Ferguson t/a Locktight Security;

(b) that the applicant was dismissed by reason of the respondent's ceasing to trade and that the respondent do pay to the applicant the following sums namely:-

(i) For outstanding wages - £351.00

(ii) By way of unpaid holiday pay - £351.00

(iii) By way of notice pay - £702.00.

Appearances:

The applicant appeared in person.

The respondent did not attend and was not represented.

Summary Reasons

1. The applicant's evidence was that he had commenced employment with the respondent on 13 December 1999. On 18 February 2004, the applicant received a cheque for a week's wages which was not honoured by the bank. The respondent had left the jurisdiction. In addition to the week's pay of £175.50, the applicant had also worked a lying week which remained unpaid. He had ten days of holiday entitlement left before the end of his holiday year on 31 March 2004. He also claimed four weeks pay in lieu of notice as he had been employed, as at the date that the respondent ceased to trade, for a period in excess of four years.
2. The tribunal accepted the applicant's evidence. The applicant was born on 3 February 1938 and did not quality for a redundancy payment but he was entitled to the outstanding pay and lying week, to the holiday pay and to four weeks pay in lieu of notice. His net weekly pay was £175.50 and accordingly, he was entitled to two weeks outstanding wages amounting to £351.00, to ten days (two weeks) holiday pay amounting to £351.00 and to four weeks notice pay amounting to £702.00 making in total £1,404.00.

Recoupment

3. No question of recoupment arises.

Interest

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

Chairman:

Date and place of hearing: 9 November 2004, Belfast.

Date decision recorded in register and issued to parties: