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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGurk v Seatem Travel UK Ltd [2010] NIIT 02428_10IT (28 January 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/02428_10IT.html Cite as: [2010] NIIT 02428_10IT, [2010] NIIT 2428_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2428/10
CLAIMANT: Stephen McGurk
RESPONDENT: Seatem Travel UK Ltd
DECISION
(A) This claimant’s claim in respect of a redundancy payment is well-founded and it is declared that claimant is entitled to receive a redundancy payment of £4,560 from the respondent.
(B) The claimant’s claim in respect of unpaid wages is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £1,668 in respect of unpaid wages.
(C) The claimant’s claim in respect of notice pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £2,760 in respect of notice pay.
(D) The claimant’s claim in respect of holiday pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £611 in respect of holiday pay.
Constitution of Tribunal:
Chairman (sitting alone): Mr Paul Buggy
Appearances:
The claimant was self-represented.
There was no appearance on behalf of the respondent.
REASONS
1. The claimant is one of a group of former employees of the respondent who have brought claims against the respondent in respect of employment-related debts. That group of claimants consist of the following:
(1) Sylvia Meehan
(2) Stephen McGurk
(3) Kerry Lowe
(4) George Bunting
(5)
Pamela Totten.
2.
The full hearings,
in each of the cases of each of the above claimants, took place on 21 January
2011. In each case, all of the claimants in this group litigation gave
evidence on behalf of every other claimant within that group.
3.
At the end of the
hearing of this case, I announce my decision in this case. I also gave oral
reasons, at that time, for the decision. Accordingly, what follows is by way
of summary only.
4. On the basis of the oral testimony which I received, and on the basis of the documentary evidence, I was satisfied as to the following.
5. This claimant, alongside all of the other claimants in this group litigation, had been employed by the respondent, and was dismissed with effect from 13 August 2010.
6.
I am satisfied
that this claimant was dismissed by reason of redundancy and that no
redundancy payment has been made to this claimant. I have calculated this
claimant’s redundancy pay entitlement having noted the claimant’s age, length
of service and gross weekly pay and I am satisfied that this claimant is
entitled to the amount of redundancy pay specified above.
7.
I am satisfied
that this claimant is due net unpaid wages of the amount specified above.
8.
I am satisfied
that the claimant was entitled to notice of dismissal, or to pay in lieu of
notice, and that this claimant received no such notice. I am satisfied that,
as a result of that lack of notice, the claimants’ net losses (based on the
claimant’s net pay while in the respondent’s employment, minus the amount of
any social security payments received by the claimant during the notice period)
was as specified above.
9.
I am satisfied
that the claimant was entitled to net holiday pay of the amount specified
above.
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 21 January 2011, Belfast.
Date decision recorded in register and issued to parties:
