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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McKenna v Younger Homes Ltd [2011] NIIT 01661_11IT (01 December 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/01661_11IT.html Cite as: [2011] NIIT 01661_11IT, [2011] NIIT 1661_11IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1661/11
CLAIMANT: Gregory McKenna
RESPONDENT: Younger Homes Limited
DECISION
The decision of the tribunal is that the claimant is entitled to the following sums:
Unpaid wages £ 289.00
Holiday pay £ 231.20
Notice pay £3,757.00
Redundancy pay £4,197.50
_______
Total compensation awarded £8,474.70
Constitution of Tribunal:
Chairman: Mrs Ó Murray
Members: Mr I Atcheson
Mr R Scofield
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The claimant claimed unpaid wages, holiday pay, notice pay and redundancy pay.
2. The respondent entered a response form on 26 August 2011 indicating that it did not intend to resist the claimant’s claims.
3. The tribunal considered the oral evidence of the claimant together with the claim and response forms and the documentation produced by the claimant at hearing and reached the following decision on a balance of probabilities.
4. The claimant was employed from 1 December 1997 until 18 February 2011 being the expiry of the notice given by letter by the claimant on 19 November 2010.
5. The claimant’s age at the effective date of termination of 18 February 2011 was 32 years.
6. The claimant’s gross earnings at the EDT were £365 per month and his net earnings per month were £289.
7. Under the claimant’s contract he was entitled to 13 weeks’ notice. The claimant is therefore awarded the sum of 13 weeks x £289 per week = £3,757.
8. The claimant was owed one week’s pay and is therefore awarded the sum of £289 in that regard.
9. The claimant is entitled to be paid for four days’ outstanding holiday pay. The sum awarded is 4 x £57.80 = £231.20.
10. The claimant is entitled to a redundancy payment according to the following statutory formula:
11.5 weeks x £365 gross = £4,197.50.
11. The total compensation awarded is £8,474.70.
12. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 15 November 2011, at Belfast.
Date decision recorded in register and issued to parties:
