THE INDUSTRIAL TRIBUNALS

CASE REFS:  00196/09, 00197/09, 00198/09, 
03673/09, 03674/09, & 03675/09

CLAIMANTS:	Mairead Campbell
	Orlagh Quinn
	Briege Magee

RESPONDENT:	123 House Company Ltd

DECISION

The unanimous decision of the tribunal is that each of the claimants is entitled to the sums set out below arising from the termination of their employments with the respondent.  

Constitution of Tribunal:

Chairman:		Mrs Watson		

Panel Members:	Mr Hesketh
                             	Mr Lowden	

Appearances:

The claimants appeared and were represented by Florence Smith of Donnelly & Kinder, Solicitors.

The respondent did not appear and was not represented

Issue for determination

 1.	Are the claimants entitled to receive redundancy payments, holiday pay and notice pay arising from the termination of the employments when the respondent company ceased trading due to lack of funding?  If so, how much? 

Sources of evidence

 2.	The claimants provided the tribunal with a bundle of documents and each gave oral evidence.

 3.	The respondent company did not enter a response to the originating applications but wrote to the tribunal prior to the hearing to confirm that their facility had closed due to lack of funding on 30 September 2008 and accepting that each of the claimants were entitled to the sums detailed in their Schedules of Loss.  The respondent company does not presently have the funds to meet these outstanding claims but hoped that steps currently being taken will enable full payment in due course. 

Findings

 4.	The tribunal considered the oral and documentary evidence tendered and makes the following findings in respect of each claim;

(1)	Mairead Campbell 

Ms Campbell was employed by the respondent from November 1999 until 30 September 2008, a period of 8 years.  At the date of termination, she was aged 31 years and was owed 25 days holiday pay.  She earned £339.32 gross, £330.00 nett weekly.

Her entitlement is;

Redundancy Pay:	8 x 1 x £330               =	2640.00
Notice Pay             	8 weeks @ £339.32   =	2714.56
Holiday pay            	25 days @ £67.86     =	1696.50
                                   
                                           		Total	=	£7051.06

(2)	Orlagh Quinn

Ms Quinn was employed from February 2001 so had 7 years service. She was aged 25 at the date of termination earning £215.38 gross, £172.73 nett weekly. She was owed 17 days holiday.

Her entitlement is;

Redundancy Pay:	4 x 1 x 215.38          =	861.52
                             	3 x 0.5 x 215.38       =    	323.07
Notice Pay             	7 weeks @  172.73  =	1209.11
Holiday Pay           	17 days  @ 34.46     =	585.82 

                                    			Total	=	£2979.52

(3)	Briege Magee

Mrs Magee was aged 44 years at date of termination and had 7 years service. She was earning £215.38 gross, £172.73 nett weekly and was owed 15 days holiday pay.

Her entitlement is:

Redundancy Pay:	4 x 1.5 x 215.38         =	1292.28
                               	3 x 1 x 215.38           =	646.14
Notice Pay             	7 weeks @ 172.73    =	1209.11
Holiday Pay         	15 days @ 34.46        =	516.90

                                 		Total	=	£3664.43

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996

Chairman:

Date and place of hearing:	17 November 2009, Belfast 

Date decision recorded in register and issued to parties: