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	Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Smyth v Cousins t/a Mallusk Accident & Repair Centre [2007] NIIT 1677_05 (8 February 2007 URL: http://www.bailii.org/nie/cases/NIIT/2007/1677_05.html Cite as: [2007] NIIT 1677_05, [2007] NIIT 1677_5

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1677/05

CLAIMANT: Robert Kenneth Smyth

RESPONDENTS: 1. Nigel Cousins t/a Mallusk Accident & Repair Centre 2. Redundancy Payments Service

DECISION

The decision of the tribunal is that the first respondent shall pay to the claimant the sum of £682.92 by way of holiday pay and £119.60 by way of outstanding wages, making £802.52 in total. The claims for redundancy payment and notice pay are dismissed.

Constitution of Tribunal:

Chairman (sitting alone): Mr Davey

Appearances:

The claimant appeared in person

There was no appearance by or on behalf of the first respondent.

The second respondent was represented by Ms P Baird.

1. Reasons

The claimant accepted that he had received payment of his redundancy payment and notice pay. Accordingly these claims were dismissed.

2. As regards holiday pay the claimant's evidence was that he had carried over into 2005 five days holiday giving him five days plus 24 days for 2005 accruing at the rate of two days per month. This gave him a total potential entitlement for 2005 of 29 days of which he had taken 10 days at the end of June and the beginning of July 2005. Allowing for the five days carried over the claimant had accrued 21.42 days holiday by the time of his dismissal on 5 September 2005 less the 10 days he had already taken leaving a total entitlement of 11.42 days. The claimant's weekly take home pay was £299.00 or £59.80 per day. Accordingly the claimant is entitled as against the first respondent to 11.42 x £59.80 = £682.92. As against the second respondent the position would be governed by the provisions of Articles 229 and 230 of the Employment Rights (Northern Ireland) (Order 1996) (as amended) and his entitlement would extend only to holiday incurred during the 12 months ending on the date on which the first respondent became insolvent, namely 28 April 2006.

3. As regards outstanding wages the claimants evidence, which the tribunal accepted, was that he had not been paid for the last two days which he had worked and accordingly the claimant is entitled to do two days pay at £59.80 per day or £119.60.

4. Recoupment

No question of recoupment arises.

5. Interest

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

Chairman:

Date and place of hearing: 7 December 2006, Belfast

Date decision recorded in register and issued to parties: