Smyth v Cousins t/a Mallusk Accident & Repair Centre [2007] NIIT 1677_05 (8 February 2007

Smyth v Cousins t/a Mallusk Accident & Repair Centre [2007] NIIT 1677_05 (8 February 2007

The claimant was entitled to payment for 11.42 days of accrued holiday at £59.80 per day and for two days of unpaid wages, as the evidence supported these entitlements and the claims for redundancy payment and notice pay were withdrawn.

Citation
[2007] NIIT 1677_05
Parties
Claimant: Robert Kenneth Smyth; First Respondent: Nigel Cousins t/a Mallusk Accident & Repair Centre; Second Respondent: Redundancy Payments Service
Jurisdiction
Northern Ireland
Procedural Posture
Employment Tribunal / Final Decision
Outcome
partially allowed
Legal Topics
Holiday Pay, Outstanding Wages, Redundancy Payment, Notice Pay
Employment Law Holiday Pay Outstanding Wages Redundancy Payment Notice Pay

Case Brief

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Parties

Robert Kenneth Smyth

Claimant

Nigel Cousins t/a Mallusk Accident & Repair Centre

First Respondent

Redundancy Payments Service

Second Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 entitlement to holiday pay
  2. 2 entitlement to outstanding wages
  3. 3 redundancy payment and notice pay claims

Ratio Decidendi

The claimant was entitled to payment for 11.42 days of accrued holiday at £59.80 per day and for two days of unpaid wages, as the evidence supported these entitlements and the claims for redundancy payment and notice pay were withdrawn.

Court Disposition

partially allowed

Orders

  • First respondent to pay claimant £682.92 for holiday pay.
  • First respondent to pay claimant £119.60 for outstanding wages.