Moran v Charter House Property Management Ltd [2006] NIIT 520/06 (17 August 2006)


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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Moran v Charter House Property Management Ltd [2006] NIIT 520/06 (17 August 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/520_06.html
Cite as: [2006] NIIT 520/6, [2006] NIIT 520/06

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 520/06

    CLAIMANT: Thomas Micheal Moran

    RESPONDENT: Charter House Property Management Ltd

    DECISION

    The unanimous decision of the tribunal is that the claimant has received his full paid holiday entitlement under the Working Time Regulations (Northern Ireland) 1998 as amended, accordingly, his claim is dismissed.

    Constitution of Tribunal:

    Chairman: Ms M. Bell

    Members: Ms Gilmartin

    Mr Nicholl

    Appearances:

    The claimant did not appear.

    The respondent was represented by Mr Kieran Smith Managing Director of the respondent company.

  1. The claimant complained that he was entitled to unpaid holiday entitlement for his period of employment having only taken three days paid holiday.

  2. The respondent resisted the claimant's claim on the basis he had received in excess of his paid holiday leave entitlement.

    3. THE ISSUES

  3. Whether the claimant is entitled to a payment in lieu of leave?

    4. SOURCES OF EVIDENCE

    The tribunal considered the claim, response, bundle of documentation furnished at hearing by the respondent, and heard evidence from Mr Kieran Smith Managing Director of the respondent company.

    FINDING OF FACTS

  4. The tribunal having heard the evidence and considering the documentation before it found the following facts:-

    5. (i) The claimant was an employee of the respondent.

    (ii) The claimant was employed from 18 August 2005 to 31 January 2006 by the respondent.

    (iii) There was no relevant agreement between the claimant and respondent in respect of leave entitlement.

    (iv) The claimant was required to complete daily time sheets during his employment with the respondent.

    (v) The respondent's office was closed for the August Bank Holiday on 29 August 2005 and the claimant received one days paid holiday for same.

    (vi) The claimant took 24 and 25 October 2005 as holidays and received full pay in respect thereof.

    (vii) The claimant took a holiday on 23 December 2005 and received full pay in respect thereof.

    (viii) The respondent's office was closed on 26, 27, 28, 29, 30 December 2005 and 2 January 2006 for the Christmas period, during which time the claimant received full pay.

    THE LAW

  5. The Working Time Regulations (Northern Ireland) 1998 as amended provide at Regulation 13 that a worker is entitled in each leave year beginning on or after 23rd November 1999 to four weeks leave. For the purposes of the regulation the workers leave year begins, where there are where there are no provisions of a relevant agreement which apply, and if the worker's employment begins after 23rd November 1998, on the date on which that employment begins.

  6. Regulation 14 provides for compensation to be paid by the employer in lieu of leave where the worker's employment is terminated during the course of his leave year and the proportion of leave he has taken of the leave to which he is entitled in the leave year under regulation 13(1) differs from the proportion of the leave year which has expired.

    7. APPLICATION OF THE LAW AND FINDINGS OF FACT TO THE ISSUES

  7. Applying the foregoing statutory provisions the tribunal is satisfied that:-

    8. The tribunal is accordingly satisfied that the claimant has received his full leave entitlement under the Working Time Regulations(Northern Ireland ) 1998 and is not entitled to a payment in lieu of leave.

    Chairman:

    Date and place of hearing: 17 August 2006, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2006/520_06.html