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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCusker v Younger Homes Ltd [2012] NIIT 02141_11IT (05 April 2012) URL: http://www.bailii.org/nie/cases/NIIT/2012/02141_11IT.html Cite as: [2012] NIIT 2141_11IT, [2012] NIIT 02141_11IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2141/11
CLAIMANT: Damien McCusker
RESPONDENT: Younger Homes Limited
DECISION
The decision of the tribunal is that the claimant is entitled to:-
(a) a redundancy payment of £3,267.00;
(b) unpaid wages of £1,680.00;
(c) holiday pay of £280.00; and
(d) notice pay of £1,680.00.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear.
Facts
1. The claimant was employed by the respondent from 6 August 2001 until his employment ended on 10 June 2011. The claimant’s age at the date of dismissal was 31. He had nine years’ service with the respondent.
2. At the date of termination of the employment the claimant’s gross weekly wage was £363.00 and his net weekly wage was £280.00.
3. The claimant’s employment ceased when he was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent.
4. The claimant makes claims for redundancy payment, unpaid wages, holiday pay and notice pay. He seeks six weeks’ wages and five days’ holiday pay. The claimant commenced new employment on 25 July 2011 earning £280.00 per week net.
5. After hearing the evidence of the claimant, the tribunal is satisfied his claims are well-founded. The tribunal makes the following awards:-
(a) Redundancy pay
The claimant is entitled to nine weeks’ pay based on his gross weekly wage. The claimant is therefore entitled to £3,267.00.
(b) Unpaid wages
The claimant is entitled to six weeks’ wages. This is based on net wages. The claimant is therefore entitled to £1,680.00.
(c) Holiday pay
The claimant is entitled to five days’ holiday pay. This is based on his net weekly wage. The claimant is entitled to £280.00.
(d) Notice pay
The claimant is entitled to nine weeks’ notice pay based on his net weekly wage. From this must be deducted his earnings during the notice period of £840.00. The claimant is therefore entitled to £1,680.00.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 18 January 2012, Belfast
Date decision recorded in register and issued to parties: