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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> O'Neill v Willowbrook trading Company Lt... [2016] NIIT 01599_16IT (06 September 2016) URL: http://www.bailii.org/nie/cases/NIIT/2016/01599_16IT.html Cite as: [2016] NIIT 01599_16IT, [2016] NIIT 1599_16IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1599/16
CLAIMANT: Kelley O'Neill
RESPONDENT: Willowbrook Trading Company Ltd
DECISION
The claimant is entitled to be paid the total sum of £6,241.12 in respect of redundancy pay and notice pay by the respondent.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge McCaffrey
Appearances:
The claimant appeared in person and represented herself.
The respondent was represented by Ms S Carney, of the respondent company.
1. The claimant commenced employment with the respondent and its predecessors in title in September 1997. Her date of birth is 11 August 1978 and she was aged 37 at the date of her dismissal. She continued in employment with the respondent until the business closed on 30 March 2016.
2. Having heard the contentions of the claimant and having received confirmation from Ms Carney that the claimant was not paid redundancy pay or notice pay, I am satisfied that the claimant is entitled to an award for redundancy pay and notice pay.
3. The claimant was paid partly on a commission basis and so her pay varied from week to week. Her average pay for the 12 weeks before the date of dismissal was £218.36 per week gross, £210.75 net.
4. I am satisfied that the claimant is entitled to notice pay as follows:-
£210.75 x 12 weeks = £2,529.00
5. I am also satisfied that the claimant is entitled to an award in relation to redundancy pay. She had two years' service under the age of 22 and 16 years' service when she was aged 22 or over and under the age of 41. The relevant multiplier is therefore 17 and her redundancy pay will be calculated as follows:-
£218.36 x 17 = £3,712.12
6. I therefore order the respondent to pay to the claimant the total sum of £6,241.12. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge:
Date and place of hearing: 26 August 2016, Belfast.
Date decision recorded in register and issued to parties:
