Shaw v Ovadia & Ors [2006] NIIT 240_06 (6 November 2006)

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Shaw v Ovadia & Ors [2006] NIIT 240_06 (6 November 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/240_06.html
Cite as: [2006] NIIT 240_06, [2006] NIIT 240_6

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 240/06

    CLAIMANT: Susan Shaw

    RESPONDENTS: 1. Sami Ovadia

    2. Choices Stores Limited (In Liquidation)
    3. The Department for Employment & Learning Redundancy Payments Service

    DECISION ON A PRE-HEARING REVIEW

    The decision of the tribunal is that the claimant is entitled to unpaid holiday pay in the sum of £195.60.

    Constitution of Tribunal:

    Chairman (sitting alone): Mr P Kinney

    Appearances:

    The claimant appeared in person.

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

    The second-named respondent did not appear and was not represented.

    The third-named respondent was represented by Miss K Dobbin, of the Department.

  1. Issues to be decided
  2. (a) Is the claimant entitled to unpaid holiday pay.
  3. Sources of evidence
  4. The claimant gave sworn evidence.
  5. Findings of fact
  6. The claimant was employed by the second-named respondent. Her employment commenced on 17 August 2005 and terminated on 12 December 2005.
    The claimant was advised of her terms of employment by the second-named respondent's Area Manager who advised her that her holiday entitlement was 20 days plus any days that the shopping centre was closed.
    The claimant took no time off during her employment but was paid for five hours of holiday pay by the second-named respondent.
    The claimant's entitlement is for 6.4 days of holiday pay against which she had received £43.20.
  7. Decision of the tribunal
  8. The tribunal finds that the claimant is entitled to payment of holiday pay in the sum of £195.60 from the second-named respondent.

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

    Date and place of hearing: 6 November 2006, Belfast

    Date decision recorded in register and issued to parties:


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URL: http://www.bailii.org/nie/cases/NIIT/2006/240_06.html