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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McDowell v Ross Stewart [2013] NIIT 02282_12IT (05 September 2013) URL: http://www.bailii.org/nie/cases/NIIT/2013/2282_12IT.html Cite as: [2013] NIIT 02282_12IT, [2013] NIIT 2282_12IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2282/12
CLAIMANT: Rebecca McDowell
RESPONDENT: Ross Stewart
DECISION
Constitution of Tribunal:
Chairman: Miss E McCaffrey
Appearances:
The claimant appeared in person.
The respondents did not appear and were not represented.
1. This hearing was arranged following a default judgment issued on 14 August 2013 where a Chairman determined that the claimant’s notice pay claim against the respondent was well-founded.
2. The claimant confirmed that her net pay while working for the respondent was £114.57 per week. She had worked for the respondent for 11 years until she was made redundant on 22 August 2012.
3. She and her colleagues had been told on 23 July 2012 that they were being put on notice of redundancy as the business was not doing well. However, at that time the respondent advised the claimant that he could not afford to pay her her redundancy pay as she had been there the longest. Accordingly, she did not consider that she was on notice of redundancy. Some three weeks later the respondent told the claimant that he would have to let her go and that he would pay her her redundancy money. Accordingly, she left her employment on 22 August 2012 and was to return the following week for her pay.
4. The claimant therefore worked one week of her notice period. She was entitled to a total of 11 weeks notice given that she had 11 years service and so she is entitled to 10 weeks net pay in lieu of notice. Accordingly, I order the respondent to pay to the claimant the sum of £1,145.70 by way of payment in lieu of notice.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 3 September 2013, Belfast.
Date decision recorded in register and issued to parties: