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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Moan v KMR Windows Ltd [2009] NIIT 5863_09IT (27 October 2009) URL: http://www.bailii.org/nie/cases/NIIT/2009/5863_09IT.html Cite as: [2009] NIIT 5863_9IT, [2009] NIIT 5863_09IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 05863/09
CLAIMANT: David Moan
RESPONDENT: KMR Windows Ltd
DECISION
The decision of the tribunal is that:–
(1) The claimant’s claim in respect of redundancy is well founded and it is ordered that the respondent KMR Windows Ltd shall pay to the claimant the sum of £2700 in respect of redundancy pay.
(2) The claimant’s claim in respect of unpaid wages is well founded and it is ordered that the respondent KMR Windows Ltd shall pay to the claimant the sum of £240 in respect of unpaid wages.
(3) The claimant’s claim in respect of holiday pay is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £288 in respect of holiday pay.
(4) The claimant’s claim in respect of pay in lieu of notice is well founded and it is ordered that KMR Windows Ltd shall pay to the claimant the sum of £1616.40 in respect of pay in lieu of notice.
Constitution of Tribunal:
Chairman (Sitting Alone): Mr P Kinney
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
(1) The respondent company, KMR Windows Ltd, was the employer of the claimant. The company is in severe financial difficulties, but has not gone into administration.
(2) The respondent has not presented a response in these proceedings.
(3) The claimant is 31 years of age. He was employed by KMR Windows Ltd from 27 August 1999 to 3 March 2009 when he was dismissed with immediate effect because of the financial problems of the company. The company has ceased trading.
(4) At the date of dismissal his gross weekly pay was £300 and his net wage £240.
(5) The claimant makes claims for redundancy pay, unpaid wages, holiday pay and notice pay. He is owed six days’ holiday pay and one week’s wages. He received jobseeker’s allowance of £60.40 per week and did not obtain new employment.
(6) After hearing the evidence of the claimant I am satisfied his claims are well founded. I make the following awards.
Redundancy Pay
(7) The claimant is entitled to nine weeks’ redundancy pay at the rate of £300 per week. The claimant is therefore entitled to £2700 in respect of redundancy pay.
Unpaid Wages
(8) The claimant is entitled to one week’s wages. This is based on his net weekly wage of £240. The claimant is therefore entitled to £240 in respect of unpaid wages.
Holiday Pay
(9) The claimant is entitled to six days’ holiday pay. This is based on his net weekly wage of £240. The claimant is therefore entitled to £288 in respect of holiday pay.
Notice Pay
(9) The claimant is entitled to nine weeks’ notice pay of £2160. This is based on his net weekly wage. From that must be deducted the sum of £543.60 in respect of jobseeker’s allowance received during the notice period. There were no other wages. The claimant is therefore entitled to £1616.40 for notice pay.
Interest
(10) This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order Northern Ireland 1990.
Chairman:
Date and place of hearing: 24 September 2009, Belfast.
Date decision recorded in register and issues to parties:
