Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  05911/09

 

 

CLAIMANT:                      Deirdre Campbell

 

 

RESPONDENTS:              1.  KMR Windows Ltd

                                        2.  The Department of Employment and Learning

 

 

DECISION

The decision of the tribunal is that:–

(1)                The claimant’s claim in respect of unpaid wages is well founded and it is ordered that the respondent KMR Windows Ltd shall pay to the claimant the sum of £1,300.42 in respect of unpaid wages.

(2)                The claimant’s claim in respect of holiday pay is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £360.12 in respect of holiday pay.

(3)                The claimant’s claim in respect of pay in lieu of notice is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £239.70 in respect of pay in lieu of notice.

 

Constitution of Tribunal:

Chairman (Sitting Alone): Mr P Kinney

 

Appearances:

The claimant appeared in person.

 

The first respondent did not appear and was not represented.

 

The second respondent was represented by Miss Baird from Redundancy Payment Service.

 

(1)                The respondent company, KMR Windows Ltd, was the employer of the claimant.  The company is in severe financial difficulties, but has not gone into liquidation or administration.  The Department of Employment and Learning is a respondent. Miss Baird has appeared for the respondent.  The claimant in this case is not entitled to a redundancy payment as she has not got two years of continuous employment.  The Department has no liability for the other claims as a statutory guarantor, as the first respondent is not legally insolvent as defined in article 228 of the Employment Rights (Northern Ireland) Order 1996.  The Department therefore had no liability and I dismiss the claims against them.

(2)                The first respondent has not presented a response in these proceedings.

(3)                The claimant was employed by KMR Windows Ltd from 1 July 2007 to 3 March 2009.

(4)                At the date of dismissal the claimant was paid monthly.  Her gross monthly pay was £1666.67 and her net pay £1300.42.  This equates to a gross weekly pay of £384.62 and a net weekly pay of £300.10.

(5)                The claimant makes claims for unpaid wages, holiday pay and notice pay.  She is owed six days’ holiday pay and one month’s wages.  She has received jobseeker’s allowance of £60.40 per week and has not gained new employment.

Unpaid Wages

 

(6)                The claimant is entitled to one month’s wages.  This is based on the net monthly wage of £1300.42.  The claimant is therefore entitled to £1300.42 in respect of unpaid wages.

Holiday Pay

 

(7)                The claimant is entitled to six days’ holiday pay.  This is based on her net weekly wage of £300.10.  The claimant is therefore entitled to £360.12 in respect of holiday pay.

Notice Pay

 

(8)            The claimant is entitled to one week’s notice pay of £300.10.  From that must be deducted the sum of £60.40 in respect of jobseeker’s allowance received during the notice period.  The claimant is therefore entitled to £239.70 for notice pay.

 

Interest

 

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

 

 

 

 

 

Chairman:

 

Date and place of hearing:         24 September 2009, Belfast.

 

 

Date decision recorded in register and issued to parties: