THE INDUSTRIAL TRIBUNALS 

CASE REF: 3179/09	

CLAIMANT:              George Michael Chism

RESPONDENT:        Breen Contracts Ltd		

DECISION

The unanimous decision of the tribunal is that the claimant is awarded a total of £2000.00 as set out below. 

Constitution of Tribunal:

Chairman: 		Mrs Watson		

Members: 	           Mr Crawford
                             	Mr Smyth	

Appearances:

The claimant appeared in person.

The respondent did not appear and had not entered a response.

Facts

1.	The claimant was employed by the respondent between 10 June 2008 and 14 November 2008 when the business closed, a period of 5 months. He was paid £400.00 per week after tax. 

2.	At the time of the termination of his employment, the claimant was not paid for his last weeks work. He was also owed for a lying week and he did not receive notice or holiday pay. 

The legal provisions    

1.	Article 174 of the Employment Rights (Northern Ireland) Order 1996 provides that an employee is to be considered as dismissed by reason of redundancy if they are no longer required to attend their place of employment. In this case, the business closed so the claimant could no longer attend. 
 
However Article 190 requires an employee to have been employed for a continuous period of at least 2 years in order to qualify for a redundancy payment. Since the claimant does not meet this requirement, he is not eligible to receive such an award. 

2.	Where the employer is insolvent, an employee may apply to the Department under Article 229 of the 1996 Order. This provides that the Department shall pay to the employee, certain specified debts owed to the employee by the employer at the date of termination of the employment. 

Decision

At the date of termination of his employment, the claimant had not been paid for his last weeks work, was owed a lying week, holiday pay and notice pay. Accordingly his award is calculated as follows;

Notice pay                            1 week   @ £400     = £400.00

Holiday pay                          2 weeks @ £400     = £800.00

Unpaid wages                      1 week   @ £400     = £400.00

Lying week                           1 week   @ £400     = £400.00
                                                                            __________
                                                    Total award         £2000.00

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

Chairman:

Date and place of hearing:  29 June 2009, Omagh

Date decision recorded in register and issued to parties: