Lavery v Complete Homecare Ltd [2004] NIIT 4517_03 (30 April 2004)


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Industrial Tribunals Northern Ireland Decisions
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URL: http://www.bailii.org/nie/cases/NIIT/2004/4517_03.html

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 4517/03

    APPLICANT: John Lavery

    RESPONDENT: Complete Homecare Limited

    DECISION

    The unanimous decision of the tribunal is that the tribunal finds the applicant's complaints well-founded and the tribunal Orders the respondent to pay to the applicant the sum of £3,082.09 in respect of redundancy pay, pay in lieu of notice, and pay for untaken holidays, consequent upon termination of the applicant's employment.

    Appearances:

    The applicant appeared and represented himself.

    The respondent did not appear and was not represented.

    Summary form

    THE ISSUE

  1. The applicant's claims were of 'Redundancy Payment. Holiday Pay. No Notice of Termination'. Accordingly the tribunal had to decide the applicant's complaints.

    2. THE TRIBUNAL'S FINDINGS

    In consequence of the written and oral evidence adduced before it, the tribunal found the following facts:-

  2. The applicant was employed by the respondent as works manager commencing in that employment in September of 1998. The employment continued until 28 May 2003. The respondent was a building maintenance company. The applicant had previously been employed by a firm known as Owens Contractors but that firm had ceased trading and the applicant became redundant. He had received redundancy payment. The applicant then commenced employment with the respondent.

  3. On 28 May 2003 Mr Campbell, a Director of the respondent company, told the applicant that there was no more work and that he would not be required anymore. The applicant did receive from the respondent his full salary for the month of May 2003. However, he received no written confirmation of any dismissal and no P45. There was no documentation whatsoever regarding the termination of employment seen by the tribunal other than a letter dated 20 January 2004 sent to the Office of the Industrial Tribunals and Fair Employment Tribunal by Mr Campbell, the Director. That letter states as follows:-

    4. "Further to your notice of hearing received to-day and our telephone conversation I would like to confirm that Complete Homecare Ltd ceased trading 30/05/03 due to Insolvency. The company has no funds or assets and would therefore be unable to offer any compensation to any creditor. I await your reply."

  4. There was no documentation or any other evidence before the tribunal indicating that the Company had gone into receivership or liquidation. The applicant had no written terms and conditions of employment. However, the applicant confirmed and the tribunal accepted that there was an oral agreement that he would receive 25 days holiday with pay each year. At the time of the employment coming to an end the applicant had 6 days leave untaken. The applicant had been continuously employed for 4 complete years. Having heard the evidence the tribunal was unable to determine that the applicant was entitled to any additional payments by way of bonus or otherwise. The applicant's gross annual wage was £26,739.96 which, on a weekly basis, would have been in excess of the then applicable statutory maximum threshold for redundancy payment. The applicant's net pay per week was £392.71.

    5. THE TRIBUNAL'S DECISION

  5. The verbal communication to the applicant by Mr Campbell of 28 May 2003 in the tribunal's view constitutes a summary dismissal. This dismissal was on grounds of redundancy. The applicant claimed redundancy pay, pay in lieu of notice and holiday pay.

  6. The tribunal finds the applicant's complaints well-founded and determines the applicant's complaints as follows:-

    7. (a) The applicant is entitled to redundancy pay as follows, £260.00 x 4 = £1,040.00.

    (b) The applicant is entitled to pay in lieu of notice, £392.71 x 4 = £1,570.84.

    (c) The applicant is entitled to pay in lieu of untaken
    holiday leave = £ 471.25.
    TOTAL = £3,082.09

    =======

  7. The tribunal Orders the respondent to pay to the applicant the sum of £3,082.09 in respect of redundancy pay, pay in lieu of notice and pay for untaken holidays consequent upon termination of the applicant's employment.

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

    9. Chairman:

    Date and place of hearing: 30 April 2004, Belfast.

    Date decision recorded in register and issued to parties:

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