THE INDUSTRIAL TRIBUNALS

CASE REF:	6271/09

CLAIMANT:			Norman James Johnston

RESPONDENT:		Erne Concrete Pumping Ltd

DECISION
The unanimous decision of the tribunal is that the claimant is entitled to the sum of £84 in respect of holiday pay.

Constitution of Tribunal:
Chairman:		Mr Buchanan
Members:		Mr Lyttle
			Mr Law

Appearances:
The claimant appeared in person. 
The respondent company was represented by Mrs C McCahery, its general manager.

1.	At the beginning of the hearing the name of the respondent was amended to that now shown to reflect the fact that it was a limited liability company.  

2.	(i)	The claimant alleged that he was entitled to 6.7 days unpaid holiday pay on the termination of his employment.  This was denied by the respondent company.
	
	(ii)	In order to determine this matter, the tribunal heard evidence from the claimant, and from Mrs McCahery on behalf of the respondent company.  It also had regard to documentary evidence submitted to it.	
			
3.	(i)	The claimant was under a misapprehension, in that he believed he was entitled to his full quota of leave, notwithstanding that he left his employment just under eight months into the leave year.  Otherwise there was a measure of agreement between the parties as to the number of days he had taken.  In the course of her evidence, Mrs McCahery reviewed the details and figures set out in the respondent company’s response, and very fairly conceded that the claimant had not been paid for one day’s leave to which he had been entitled.

Having regard not only to that concession but also to all the evidence which we heard, the tribunal finds that as a fact.	
			
	(ii)	Mrs McCahery further accepted that the sum owing was £84 and the tribunal therefore finds that the claimant is entitled to that amount in respect of unpaid holiday pay.	

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

Chairman:

Date and place of hearing:	1 October 2009, Belfast

Date decision recorded in register and issued to parties: