BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Industrial Tribunals Northern Ireland Decisions |
||
|
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kelly v Ravenblack Developments Ltd [2010] NIIT 7257_09IT (16 June 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/7257_09IT.html Cite as: [2010] NIIT 7257_09IT, [2010] NIIT 7257_9IT |
||
[New search] [Printable RTF version] [Help]
THE INDUSTRIAL TRIBUNALS
CASE REF: 7257/09
CLAIMANT: Nicola Claire Kelly
RESPONDENT: Ravenblack Developments Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment, notice pay and holiday pay totalling £3,940.00
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
Appearances:
The claimant was present and represented herself.
The respondent was represented by Mr Magill of C & H Jefferson, Solicitors.
Issues
1. Was the claimant entitled to a redundancy payment and if so, the amount of that payment. Was the claimant entitled to receive payment for contractual bonus and wage increase?
Facts
2. The claimant was employed by the respondent company as an Assistant Accountant from 15 June 2007 until the date of termination of her employment on 24 July 2009.
3. The claimant was aged over 20 years throughout her employment and was paid £1102 per month net, equivalent to £317 per week gross, at the date of termination. She was also owed three months notice pay under the terms of her contract on termination.
4. In its response to the claim, the respondent had provided a copy of the claimant’s contract. This provided, at paragraphs 3.2 and 3.3, that the claimant’s salary would be reviewed each year. However, any increase in salary or payment of any bonus was discretionary and was related not only to her performance, but that of the company. Mr Magill, on behalf of the respondent informed the tribunal that due to the market downturn, the company’s performance was poor leading to the redundancy of the claimant and other employees. In such circumstances, no salary increase or bonus was payable.
Legal Provisions
5. The Employment Rights (Northern Ireland) Order 1996 (as amended) provides that an employee who is redundant, as defined by Article 174, is entitled to a redundancy payment.
6. The amount to be paid is calculated under Article 197 by reference to the employee’s age and length of service at the date of termination subject to a qualifying period of at least two years continuous employment.
Tribunal’s Determination
7. Applying the statutory provisions to the above facts, the tribunal determines the claimant’s entitlement as follows;
Redundancy Payment
2 weeks @ £317 per week = £ 634.00
Notice pay
3 months @ £1,102 = £3,306.00
Total = £3,940.00
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990
Chairman:
Date and place of hearing: 20 May 2010, Belfast
Date decision recorded in register and issued to parties:
