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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Lawless v Daniel McCarthy t/a DMC Shower... [2011] NIIT 02752_10IT (12 May 2011)L URL: http://www.bailii.org/nie/cases/NIIT/2011/02752_10IT.html Cite as: [2011] NIIT 02752_10IT, [2011] NIIT 2752_10IT |
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The unanimous decision of the tribunal is that:-
The respondent shall pay to the claimant a total of £1,147.60 which comprises, and for the avoidance of doubt is not in addition to, the sums set out at (ii) and (iii) below.
The respondent is ordered to pay the claimant £302 in respect of outstanding notice pay.
The respondent is ordered to pay the claimant £845.60 in respect of outstanding holiday entitlement.
It is declared that the respondent failed to provide the claimant with itemised pay statements.
Constitution of Tribunal:
Chairman: Mr Travers
Panel Members: Mr Hunter
Mr McKnight
REASONS
Issues
The following claims fall to be determined:-
Breach of contract in respect of notice pay and holiday pay.
Breach of the claimant’s right to receive itemised pay statements.
Facts
In determining the facts as set out below, the tribunal has considered all the information before it, including evidence on oath given by the claimant at the hearing.
The claimant was employed by the respondent, Daniel McCarthy, as a service engineer. His employment commenced on 10 February 2010 and was summarily terminated by the respondent on 11 October 2010.
After dismissal the respondent made no payment to the claimant in respect of notice pay or holiday pay.
In oral evidence the claimant stated that he had taken a total of 5 days holiday during the course of his employment.
The claimant stated that he did not receive itemised payslips from the respondent.
When he was employed by the respondent, the claimant was paid £302.06 net per week.
Law
The law sets out minimum entitlements for an employee in respect of: the period of notice of termination of employment; and the employee’s holiday entitlement. In the absence of a more generous contractual entitlement, these minimum requirements shall apply.
Under Article 118 of The Employment Rights (NI) Order 1996 [“ERO”], where an employee has been continuously employed for more than one month but less than 2 years the employee is entitled to not less than one week’s notice of termination of his employment.
Under the Working Time Regulations an employee is entitled to 28 days leave each year. In the event that employment is terminated prior to an employee taking any period of accrued leave, the employee shall be entitled to be paid in respect of that period of untaken leave.
Article 40 of the ERO entitles an employee to an itemised payslip from his employer. In the event of a breach of this entitlement Article 44 of the ERO provides that the tribunal shall make a declaration to that effect and may make an order for the employer to pay the employee a sum not exceeding the aggregate of any unnotified deductions made in the thirteen weeks immediately preceding the date of the application for a reference to the tribunal.
Conclusion
The tribunal finds that the claimant is entitled to an award of £302 in respect of unpaid notice pay.
In respect of holiday pay the claimant is awarded £845.60.
This has been calculated as follows:-
Period from commencement of employment until termination = 243 days
Annual holiday entitlement = 28 days
Daily rate of pay = £60.40
Number of days holiday taken = 5 days
243/365 x 28 = 19 days [rounded up] accrued holiday entitlement - 5 days already taken = 14 days outstanding.
14 x £60.40 = £845.60.
It is declared that the respondent failed to give the claimant an itemised payslip. No order of compensation is made in respect of this.
The respondent is therefore directed to pay to the claimant a total award of £1,147.60.
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 22 March 2011, Belfast.
Date decision recorded in register and issued to parties:
