Kelly v Adrian Smyth [2015] NIIT 01841_15IT (05 November 2015)

The claimant is entitled to holiday pay and notice pay as the respondent failed to respond, and the entitlements were established on the evidence provided.

Citation: [2015] NIIT 01841_15IT
Parties: Claimant: Emma Ormonde Kelly; Respondent: Adrian Smyth
Jurisdiction: Northern Ireland
Judgment Date: 05 November 2015
Procedural Posture: Employment Claim / Remedies Decision Following Default Judgment
Outcome: claim allowed
Legal Topics: Holiday Pay, Notice Pay, Default Judgment, Remedies

Employment Law Holiday Pay Notice Pay Default Judgment Remedies

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4

Parties

Emma Ormonde Kelly

Claimant

Adrian Smyth

Respondent

Procedural Posture

Employment Claim / Remedies Decision Following Default Judgment

Legal Issues

1 Entitlement to holiday pay
2 Entitlement to notice pay
3 Remedies following default judgment

Ratio Decidendi

The claimant is entitled to holiday pay and notice pay as the respondent failed to respond, and the entitlements were established on the evidence provided.

Court Disposition

claim allowed

Orders

Respondent to pay claimant holiday pay (amount not specified in decision)
Respondent to pay claimant notice pay (amount not specified in decision)