Caldwell v Melmount Foods [2007] NIIT 1609_05 (25 April 2007)

Caldwell v Melmount Foods [2007] NIIT 1609_05 (25 April 2007)

The tribunal accepted the claimant's evidence that he had not taken or been paid for holidays accrued in 2004/05 and found no documentary evidence to the contrary; therefore, the claimant was entitled to three weeks' holiday pay for that year, increasing the total due from the first respondent to £1,041.68.

Citation
[2007] NIIT 1609_05
Parties
Claimant: Brian Caldwell; First Respondent: Melmount Foods; Second Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
25 April 2007
Procedural Posture
Industrial Tribunal Review / Decision on Review
Outcome
Prior decision amended; sum due to claimant increased.
Legal Topics
Holiday Pay, Insolvency, Employment Rights Order (northern Ireland) 1996
Employment Law Holiday Pay Insolvency Employment Rights Order (northern Ireland) 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Brian Caldwell

Claimant

Melmount Foods

First Respondent

Department for Employment & Learning

Second Respondent

Procedural Posture

Industrial Tribunal Review / Decision on Review

Legal Issues

  1. 1 Whether the claimant was entitled to holiday pay for the 2004/05 holiday year
  2. 2 Whether the Department for Employment & Learning was liable for payment under Article 229 of the Employment Rights Order (Northern Ireland) 1996

Ratio Decidendi

The tribunal accepted the claimant's evidence that he had not taken or been paid for holidays accrued in 2004/05 and found no documentary evidence to the contrary; therefore, the claimant was entitled to three weeks' holiday pay for that year, increasing the total due from the first respondent to £1,041.68.

Court Disposition

Prior decision amended; sum due to claimant increased.

Orders

  • The sum of £1,041.68 is substituted for the sum of £260.42 previously adjudged to be payable by the first respondent to the claimant.