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Connor v Reflex Mouldings (Payment in Lieu) [2002] NIIT 2536_01 (29 May 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 2536/01

APPLICANT: Noel Connor

RESPONDENT: Reflex Mouldings

DECISION

The unanimous decision of the tribunal is that the applicant is entitled to a payment in lieu of leave for 8 days which the tribunal calculates at £352 and unpaid wages of £100.

Appearances:

The applicant was represented by Mr M Canavan, solicitor of Canavan &Co.

The respondent was not present nor was it represented.

1. These reasons are given in summary form.
2. The applicant claimed the respondent had failed to pay to him holiday pay that he was due. At the outset of the hearing Mr Canavan withdrew the claim for unlawful deductions. He did not pursue the claim for failure to give a contract of employment. Mr Canavan sought to amend the quantum of the applicant's claim as set out at paragraph 13 of the Originating Application from £20 to £100. The respondent was notified by letter of 22 May 2002 of the proposed amendment but it did not raise any objection. The tribunal allowed the amendment.

The respondent did not enter a Notice of Appearance.

3. The tribunal was satisfied that the respondent had been notified of the instant hearing.

In the absence of the respondent, without explanation, the tribunal decided to hear the matter.

4. The tribunal made the following findings:-

(a) The applicant was employed full-time as a machine operator from 17 January 2000 to 23 June 2001.

(b) The applicant was not provided with a written contract of employment nor informed of his holiday entitlement nor when his leave year began.

(c) The applicant's leave year and holiday entitlement is governed by the Working Time Regulations (Northern Ireland) 1998.

(d) The applicant's leave year runs from 17 January

(e) By operation of law the applicant was entitled to 20 days leave for the leave year commencing 17 January 2000. As the applicant left before the end of the leave year beginning 17 January 2001 his proportionate entitlement to holidays was 9 days.

(f) The applicant had taken 14 days leave in the leave year 2000 and was not paid for the 6 holidays not taken. In the leave year 2001 the applicant had taken one day's leave and had accrued a further 8 days that had not been taken.

(g) The applicant is entitled to a payment in lieu of leave for 8 days for the leave year 2001 that the tribunal calculates at £352.

(h) The applicant is not entitled to compensation for leave not taken in the leave year 2000 as his application is out of time (See Regulation 30(2) of the Working Time Regulations (Northern Ireland) 1998 and List Design Group Ltd –v- Douglas [2002] ICR 686 EAT).

(h) The applicant was not paid for his final week of work amounting to £220. The respondent is in breach of the contract of employment. However the applicant owed £120 to the respondent and the applicant is awarded £100 for unpaid wages.

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

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Date and place of hearing: 29 May 2002, Londonderry

Date decision recorded in register and issued to parties: