INDUSTRIAL TRIBUNALS

CASE REF: 386/03

APPLICANT:	Billy Black

RESPONDENT:	Norman Taylor

DECISION

The unanimous decision of the tribunal is that the applicant is entitled to wages in lieu of notice of £951.90, a redundancy payment of £1,856.25, unpaid wages of £25.00 and compensation for unfair dismissal of £5,125.22.

Appearances:

The applicant appeared in person.

The respondent was not present nor was he represented.

1.	These reasons are given in summary form.

2.	The applicant claimed breach of contract, deductions from wages, a redundancy payment and constructive/unfair dismissal.  The respondent denied all of the applicant’s claims.

3.	The tribunal was satisfied that notice of today’s hearing had been served on the respondent.  In the absence of his attendance, without explanation, the tribunal decided to hear the application.

4.	The tribunal made the following findings:-

(a)	The applicant, who was born on 7 April 1941, was employed by the respondent from 14 April 1997 to 17 December 2002 as a bookkeeper.  His weekly pay was £190.38.  The tribunal estimates his gross weekly pay at £247.50.

(b)	On 17 December 2002, without notice, the Law Society closed down the respondent business thereby terminating the applicant’s contract of employment.

(c)	The applicant did not receive wages in lieu of notice.  By Article 188 of the Employment Rights (Northern Ireland) Order 1996 he is entitled to 5 weeks’ notice of termination and he is entitled to 5 weeks’ wages in lieu of notice amounting to £951.90.

(d)	The applicant got his proportionate holiday leave with payment and does not have an entitlement to be paid for untaken holiday leave.

(e)	The applicant suffered an unlawful deduction in his wages in December 2002 amounting to £25.00.

(f)	The applicant was not given notice of his redundancy and he did not receive a redundancy payment.

(g)	The relevant date for the purposes of a redundancy payment is 17 December 2002.

(h)	The applicant was entitled to a statutory redundancy payment of £1,856.25 that is (£247.50 x 7.5).  The applicant has already received a redundancy payment from DEL of £1,556.02.

(i)	The applicant was dismissed by reason of redundancy, a potentially fair reason for dismissal.  However, the evidence adduced by the respondent in his notice of appearance does not disclose any explanation of the respondent’s conduct.  In accordance with the equity and substantial merits of the case the dismissal was therefore unfair.

(j)	The applicant mitigated his loss.  He obtained temporary work through Grafton Recruitment from 13-24 January 2003 and earned £291.63.  He obtained full time employment with the East Belfast Mission from 3 March 2003 earning £130.37 per week net.  The tribunal allows 12 weeks future loss. 

(k)	The applicant is entitled to compensation which the tribunal measures as follows:-

Basic Award

£247.50 x 7.5		=	£1,856.25
Less redundancy	=	£1,856.25
				     ----    
Compensatory Award

Loss of earnings from 18 December 2002-2 March 2003
£190.38 x 10.57				=	£2,012.32
Less earnings from Grafton Recruitment	=	£   291.63	£1,720.69

Loss of earnings from 3 March – 18 December 2003
£190.38 x 41.4	=				£7,881.73
Less earnings from East Belfast Mission –
£130.37 x 41.4	=				£5,397.32	£2,484.41

Future loss
£60.01 x 12		=						£    720.12

Loss of statutory rights						£    200.00

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

Chairman:
Date and place of hearing: 18 December 2003, Belfast.
Date decision recorded in register and issued to parties: