THE INDUSTRIAL TRIBUNALS

CASE REF:	5184/09

CLAIMANT:			Wojciech Boguskaw Cembrzynski

RESPONDENT:		MCCO NI Ltd 

DECISION
The decision of the tribunal is that the claimant is entitled to receive the sum of £252 in respect of six days worked but unpaid at the date of termination of his employment; the sum of £210 of one week’s pay in lieu of notice and the sum of £420 for holidays accrued but not taken at termination of employment.

Constitution of Tribunal:
Chairman (sitting alone):	  Ms Crooke	

Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear and provided no response.

Sources of evidence
1.	The claimant gave evidence on his own behalf.  There was no appearance by the respondent.

The relevant law

2.	The relevant law is found in Article 45 of the Employment Rights (Northern Ireland) Order 1996 and in the Working Time Regulations (Northern Ireland) 1998.

Preliminary matters

3.	It appeared to the tribunal on hearing this matter that the proper title of the respondent was MCCO Limited rather than MCCO Limited Bar and Restaurant Division so it amended the title accordingly.

Facts

4.	The claimant was employed by the respondent as a chef earning approximately £210 per week on average from 6 August 2008 to in and around 10 January 2009.

5.	On 1 January 2009 the claimant had an accident.  When he went to the hospital on that date the initial diagnosis was that he had bruised his leg.  At this time his employer insisted that he come back to work and he was forced to continue working in great pain.

6.	On 9 January 2009 he was recalled urgently to the hospital and told that the initial diagnosis was wrong, his x-ray had been misinterpreted and in fact his leg was fractured.  He was told to stay in bed for four weeks.  On 10 January 2009 after talking to various members of staff of the respondent, the claimant was told that he either came back to work in ten minutes or they would never see him again.   He was refused payment of his accrued salary.

7.	He wrote on 15 January 2009 asking for sums due to him and received no reply.

Conclusions

8.	As the claimant worked for the most part a five day week and his average salary was £210 per week his average daily salary was £42 per day.  Accordingly as he had six days worked but unpaid at termination of employment he is entitled to receive a payment for wages unpaid at termination of employment in the sum of £252.

9.	As the claimant has five months service with this respondent he is entitled to one week’s pay in lieu of notice in the sum of £210.

10.	As the claimant has five months service with the respondent and is entitled to 24 days per year of holiday under the Working Time Regulations he is entitled to the sum of £420 in respect of holidays accrued but not taken at the termination of employment being an entitlement pro rata to 10 days of holiday.

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

Chairman:

Date and place of hearing:	13 August 2009, Belfast

Date decision recorded in register and issued to parties: