D' Ignoti v Darina McCormick [2010] NIIT 7293_09IT (07 May 2010)

D' Ignoti v Darina McCormick [2010] NIIT 7293_09IT (07 May 2010)

The Tribunal accepted that an administrative error occurred in the calculation of holiday pay and that the correct methodology is to calculate entitlement pro rata based on actual days worked, resulting in a reduced award.

Citation
[2010] NIIT 7293_09IT
Parties
Claimant: Elena D’Ignoti; Respondent: Darina McCormick
Jurisdiction
Northern Ireland
Judgment Date
07 May 2010
Procedural Posture
Industrial Tribunal Review / Review Hearing of Original Decision
Outcome
Original decision varied
Legal Topics
Holiday Pay, Administrative Error, Part Time Employment, Pro Rata Entitlement
Employment Law Holiday Pay Administrative Error Part Time Employment Pro Rata Entitlement

Case Brief

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Parties

Elena D’Ignoti

Claimant

Darina McCormick

Respondent

Procedural Posture

Industrial Tribunal Review / Review Hearing of Original Decision

Legal Issues

  1. 1 Whether the original calculation of holiday pay was correct given the claimant's part-time status
  2. 2 Whether an administrative error led to an incorrect award of holiday pay

Ratio Decidendi

The Tribunal accepted that an administrative error occurred in the calculation of holiday pay and that the correct methodology is to calculate entitlement pro rata based on actual days worked, resulting in a reduced award.

Court Disposition

Original decision varied

Orders

  • Award of holiday pay reduced from £136.08 to £51.57