Smyth v Smyth (Breach of Contract) [2018] NIIT 02209_17IT (19 January 2018)

Smyth v Smyth (Breach of Contract) [2018] NIIT 02209_17IT (19 January 2018)

Default judgment granted as respondent failed to present a response within the prescribed time limit; claims for holiday pay and notice pay found well-founded based on claimant's submissions.

Citation
[2018] NIIT 02209_17IT
Parties
Claimant: Tiny Smyth; Respondent: Brendan Breen; Respondent: Bernadette Breen
Jurisdiction
Northern Ireland
Judgment Date
19 January 2018
Procedural Posture
Breach of Contract / Default Judgment
Outcome
claims upheld
Legal Topics
Holiday Pay, Notice Pay, Breach of Contract
Employment Law Holiday Pay Notice Pay Breach of Contract

Case Brief

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Parties

Tiny Smyth

Claimant

Brendan Breen

Respondent

Bernadette Breen

Respondent

Procedural Posture

Breach of Contract / Default Judgment

Legal Issues

  1. 1 entitlement to holiday pay
  2. 2 entitlement to notice pay

Ratio Decidendi

Default judgment granted as respondent failed to present a response within the prescribed time limit; claims for holiday pay and notice pay found well-founded based on claimant's submissions.

Court Disposition

claims upheld

Orders

  • Respondents to pay claimant £511 for holiday pay.
  • Respondents to pay claimant £2,300 for notice pay.