D'Ignoti v Darina McCormick [2010] NIIT 07293_09IT (03 February 2010)

D'Ignoti v Darina McCormick [2010] NIIT 07293_09IT (03 February 2010)

The tribunal found the claimant was dismissed without notice, was paid below the statutory minimum wage, and was owed additional holiday pay. The tribunal preferred the claimant's evidence, supported by contemporaneous records, over the respondent's, and calculated the sums due accordingly.

Source-derived case information.

Citation
[2010] NIIT 07293_09IT
Parties
Claimant: Elena D’Ignoti; Respondent: Darina McCormick
Jurisdiction
Northern Ireland
Judgment Date
03 February 2010
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claimant's claim upheld in full
Legal Topics
Notice Pay, Holiday Pay, Minimum Wage, Unfair Dismissal
Employment Law Notice Pay Holiday Pay Minimum Wage Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elena D’Ignoti

Claimant

Darina McCormick

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was dismissed without notice and entitled to notice pay
  2. 2 Whether the claimant was entitled to be paid the minimum wage and arrears thereof
  3. 3 Whether the claimant had a contractual entitlement to holiday pay and the amount due

Ratio Decidendi

The tribunal found the claimant was dismissed without notice, was paid below the statutory minimum wage, and was owed additional holiday pay. The tribunal preferred the claimant's evidence, supported by contemporaneous records, over the respondent's, and calculated the sums due accordingly.

Court Disposition

claimant's claim upheld in full

Orders

  • Respondent to pay claimant £183.09 in respect of notice pay
  • Respondent to pay claimant £179.60 in respect of holiday pay