Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REFS:  05138/09

 05896/09

 

 

 

CLAIMANT:                      William Ferns        

 

 

RESPONDENTS:               KMR Windows Ltd and KMR Windows

 

 

 

DECISION

The decision of the tribunal is that:–

(1)                  The claimant’s claim in respect of redundancy is well founded and it is ordered that the respondent KMR Windows Ltd shall pay to the claimant the sum of £1,400 in respect of redundancy pay.

(2)                  The claimant’s claim in respect of unpaid wages is well founded and it is ordered that the respondent KMR Windows Ltd shall pay to the claimant the sum of £278 in respect of unpaid wages.

(3)                  The claimant’s claim in respect of holiday pay is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £166.80 in respect of holiday pay.

(4)                  The claimant’s claim in respect of pay in lieu of notice is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £533 in respect of pay in lieu of notice.

 

Constitution of Tribunal:

Chairman (Sitting Alone): Mr P Kinney

 

Appearances:

The claimant appeared in person.

The respondent was not represented.

(1)                The respondent company, KMR Windows Ltd, was the employer of the claimant. The second respondent, KMR Windows, was not the employer of the claimant and is dismissed from these proceedings.

(2)                The company is in severe financial difficulties, but has not gone into liquidation or administration. The respondent has not presented a response in these proceedings.

(3)                The claimant is 39 years of age. He was employed by KMR Windows Ltd from 2 June 2004 to 3 March 2009 when he was dismissed with immediate effect because of the financial problems of the company. The company has ceased trading.

(4)            At the date of dismissal his gross weekly wage was £350 and his net wage £278.

(5)            The claimant makes claims for redundancy pay, unpaid wages, holiday pay and notice pay. He is owed three days holiday pay and one week’s wages. He received jobseeker’s allowance of £83 during the notice period and commenced new work on 16 March 2009 earning £301 per week gross and £248 net.

(6)            After hearing the evidence of the claimant I am satisfied his claims are well founded. I make the following awards.

Redundancy Pay

(7)        The claimant is entitled to four weeks’ redundancy pay at the rate of £350 per week. The claimant is therefore entitled to £1,400 in respect of redundancy pay.

Unpaid Wages

(8)            The claimant is entitled to one week’s wages. This is based on his net weekly wage of £278. The claimant is therefore entitled to £278 in respect of unpaid wages.

Holiday Pay

(9)        The claimant is entitled to three days holiday pay. This is based on his net weekly wage. The claimant is therefore entitled to £166.80 in respect of holiday pay.

Notice Pay

  (10)    The claimant is entitled to four weeks’ notice pay of £1,112. This is based on his    net weekly wage. From that must be deducted the sum of £83 in respect of jobseeker’s allowance received during the notice period and the sum of £496 wages received from his new employer during the notice period. The claimant is therefore entitled to £533 for notice pay.

Interest

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

 

Chairman:                                 

 

 

Date and place of hearing:         22 September 2009, Belfast      

 

 

Date decision recorded in register and issued to parties: