Owens v Dundee Autos Ltd [2004] NIIT 9511_03 (30 April 2004)

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9511_03.html
Cite as: [2004] NIIT 9511_03, [2004] NIIT 9511_3

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 9511/03

    APPLICANT: Angela Owens

    RESPONDENT: Dundee Autos Ltd

    DECISION

    The unanimous decision of the tribunal is that the applicant was dismissed by reason of redundancy. The applicant is entitled to compensation in respect of entitlement to leave under the Working Time Regulations (Northern Ireland) 1998. The respondent is therefore ordered to pay to the applicant the sum of £830.17.

    Appearances:

    The applicant represented herself.

    The respondent did not attend and was not represented.

  1. The Originating Application of the applicant alleged that the applicant was dismissed as a result of redundancy and was owed monies for holiday pay, wages and in respect of the redundancy. The respondent was named in the Originating Application as Ken Dundee of Dundee Autos. The respondent had failed to enter a Notice of Appearance or attend at the hearing. The tribunal in reaching its decision considered the Originating Application, the oral evidence of the applicant and documentation furnished subsequently to the tribunal by the applicant.

  2. From the evidence presented the tribunal made the following findings of fact.

  3. The correct name of the respondent is Dundee Autos Limited. The respondent employed the applicant (dob 8 August 1973) from 26 February 2001 until 20 May 2003 as a telesales operative. There was a written statement of terms and conditions of employment. The applicant provided details of her pay received from 21 February 2003 until 16 May 2003 which enabled the tribunal to calculate, in accordance with Article 17(3) of the Employment Rights (Northern Ireland) Order 1996, that at the time of the applicant's dismissal her weekly rate of nett pay was £311.08. The applicant's annual gross salary was £10,000.00 per annum plus commission.

  4. On 20 May 2003 the applicant reported to work and was informed that her employment was terminated with immediate effect as the business was ceasing to trade. The applicant received in her final pay packet a sum of money, which reflected wages due up to, and including the end of May 2003.

  5. The applicant received no other written communication from her employer and made various attempts to obtain payment in respect of annual leave and redundancy.

  6. The applicant's annual contractual holiday entitlement was twenty days annual leave and eight statutory days. In the year 2003/2004, prior to the termination of the applicant's employment she had taken two days of annual leave and three statutory days. The annual leave year ran from January to December.

  7. The tribunal concluded that the applicant's dismissal satisfied the requirements of Article 174(1)(a) of the Employment Rights (Northern Ireland) Order 1996. The applicant also satisfied the provisions of Article 199(1)(c) of the Employment Rights (Northern Ireland) Order 1996. The relevant date for the purposes of redundancy payment is 20 May 2003. Accordingly under Article 197 of the Employment Rights (Northern Ireland) Order 1996 the applicant is entitled to £520.00.

  8. The applicant received salary for two additional weeks after the termination of her employment on 20 May 2003. The applicant had no entitlement contractually to any further sum in respect of notice.

  9. It appeared to the tribunal that in light of the provisions of Regulation 13 and 14 of the Working Time Regulations (Northern Ireland) 1998 the applicant had accrued entitlement amounting to nine days of annual leave. The applicant had availed of two days leave. In light of the provisions of Regulation 16 of the Working Time Regulations (Northern Ireland) 1998 the tribunal determined that the applicant is entitled to a payment of £310.17 nett under Regulation 14(2).

  10. The applicant made no claim in respect of Jobseeker's allowance or Income Support and accordingly the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations (Northern Ireland) 1996 do not apply.

  11. This decision is a relevant decision under the Industrial Tribunals (Interest) (Northern Ireland) Order 1990.

    12. Chairman:

    Date and place of hearing: 30 April 2004, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/9511_03.html