Atkas v Mervin & Anor (t/a Knipe Contracts) [2004] NIIT 9035_03 (19 October 2004)

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9035_03.html
Cite as: [2004] NIIT 9035_03, [2004] NIIT 9035_3

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 9035/03

    APPLICANT: Cemil Atkas

    RESPONDENTS: 1. Mervin

    Topping Meats

    2. Melvin Knipe t/a Knipe Contracts

    DECISION

    The unanimous decision of the tribunal is that the application be dismissed.

    Appearances:

    The applicant did not appear and was not represented.

    The first named respondent did not appear and was not represented.

    The second named respondent was represented by Mr Leslie Knipe.

    Extended Reasons

  1. The applicant did not appear. The tribunal considered it appropriate to deal with the matter in his absence after taking the Originating Application into account.

    2. The applicant had claimed holiday pay for 17 days, his final 2 days wages and payment of a lying week.

  2. The second named respondent gave evidence that the applicant was entitled to 1.6 days holiday for each month worked. In total he qualified for 10.76 days holiday of which he had taken 8, leaving 1.76 days rounded up to 2 days. Payment of this had been made to the applicant at the termination of his employment.

  3. The second named respondent's evidence was that both his lying week and the final 2 days pay had been paid to the applicant at the termination of his employment.

  4. The tribunal accepted the second named respondent's evidence. As all monies due to the applicant had been paid the applicant's claim fell to be dismissed.

    5. Chairman:

    Date and place of hearing: 19 October 2004, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9035_03.html