Budginas v David Wright t/a Wright Recycl... [2015] NIIT 2733_14IT (23 March 2015)

Budginas v David Wright t/a Wright Recycl... [2015] NIIT 2733_14IT (23 March 2015)

The claimant was entitled to holiday pay and notice pay as the claims were presented within a reasonable period, the respondent failed to give adequate notice, and the claimant's evidence on unpaid holiday was uncontroverted.

Citation
[2015] NIIT 2733_14IT
Parties
Claimant: Deividas Budginas; Respondent: David Wright t/a Wright Recycling
Jurisdiction
Northern Ireland
Judgment Date
23 March 2015
Procedural Posture
Employment Claim / Final Decision
Outcome
claims for holiday pay and notice pay upheld; redundancy payment claim denied
Legal Topics
Holiday Pay, Notice Pay, Time Limits for Claims, Redundancy Payment Eligibility

Case Brief

Summary, issues, holding and outcome

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Parties

Deividas Budginas

Claimant

David Wright t/a Wright Recycling

Respondent

Procedural Posture

Employment Claim / Final Decision

  1. 1 Whether the claimant is entitled to holiday pay
  2. 2 Whether the claimant is entitled to notice pay
  3. 3 Whether the claims were presented within the statutory time limits

Ratio Decidendi

The claimant was entitled to holiday pay and notice pay as the claims were presented within a reasonable period, the respondent failed to give adequate notice, and the claimant's evidence on unpaid holiday was uncontroverted.

Court Disposition

claims for holiday pay and notice pay upheld; redundancy payment claim denied

Orders

  • Respondent to pay claimant £576 in respect of holiday pay.
  • Respondent to pay claimant £262 in respect of notice pay.