THE INDUSTRIAL TRIBUNALS
CASE REF: 3942/03
APPLICANT: Barry Patrick McAuley
RESPONDENT: Des Simpson
t/a Blueprint Joinery
DECISION
The unanimous decision of the tribunal is that the respondent shall pay to the applicant the sum of £699.79 by way of outstanding wages and holiday pay.
Appearances:
The applicant was represented by Mr J McShane, Solicitor, of P A Duffy, Solicitors.
The respondent did not attend and was not represented.
Summary Reasons
- There was no appearance by or behalf of the respondent. Nor had the respondent entered an Appearance in response to the Originating Application. It appeared that there had been some discussion between the parties initiated by the Labour Relations Agency. While proposals had been made no agreement had been entered into by the respondent. In the circumstances the tribunal considered it appropriate to deal with the matter in the respondent's absence.
- The applicant was employed by the respondent from sometime in September 2002 until 4 June 2003 when the applicant was dismissed on the basis that things were not working out. At the time of his engagement nothing was said about holiday pay and no notice of terms and conditions of employment was given to him. The applicant's wages were £408.32 net paid fortnightly. His hourly rate was £7.00 gross. The applicant's evidence was that by the end of his employment he was being paid monthly and he was not paid for first, second and third June nor for the one hour on 4 June which he had worked prior to his leaving. He claimed wages of three days and one hour. He also stated that he had not been paid any holiday pay. As of Christmas 2002 he believed he was not entitled to any.
- The tribunal accepted the applicant's evidence and finds that the applicant is due three days and one hour pay for June 2003 amounting to £128.17. There was no specific arrangements as regards holiday pay and accordingly the Working Time Regulations apply. On that basis the applicant was entitled to twenty days holiday for the year commencing with the date of the commencement of his employment. He had completed eight full months of employment and was entitled to two thirds of his holiday entitlement of twenty days. This amounts to 13.33 days rounded up to 14 in accordance with the provisions of the Regulations. Accordingly, the applicant is entitled to fourteen days pay amounting to £571.62. The total amount payable to the applicant by way of outstanding wages and holiday is £699.79.
- Recoupment
No question of recoupment arises.
- This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.
Chairman:
Date and place of hearing: 8 October, 2004, Belfast
Date decision recorded in register and issued to parties:
