Fleming v KMR Windows Ltd [2009] NIIT 5878_09IT (12 November 2009)

Fleming v KMR Windows Ltd [2009] NIIT 5878_09IT (12 November 2009)

The claimant was entitled to the claimed sums as the respondent failed to pay statutory and contractual employment debts upon redundancy, and no contrary evidence or argument was presented.

Citation
[2009] NIIT 5878_09IT
Parties
Claimant: John Fleming; Respondent: KMR Windows Ltd
Jurisdiction
Northern Ireland
Judgment Date
12 November 2009
Procedural Posture
Employment Claim / Final Decision on Employment Debts
Outcome
claims for notice pay, holiday pay, arrears of pay, and statutory guarantee pay upheld
Legal Topics
Notice Pay, Holiday Pay, Arrears of Pay, Breach of Contract, Statutory Guarantee Pay
Employment Law Notice Pay Holiday Pay Arrears of Pay Breach of Contract Statutory Guarantee Pay

Case Brief

Summary, issues, holding and outcome

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Parties

John Fleming

Claimant

KMR Windows Ltd

Respondent

Procedural Posture

Employment Claim / Final Decision on Employment Debts

Legal Issues

  1. 1 entitlement to notice pay
  2. 2 entitlement to holiday pay
  3. 3 entitlement to arrears of pay for 'lying week' and last week

Ratio Decidendi

The claimant was entitled to the claimed sums as the respondent failed to pay statutory and contractual employment debts upon redundancy, and no contrary evidence or argument was presented.

Court Disposition

claims for notice pay, holiday pay, arrears of pay, and statutory guarantee pay upheld

Orders

  • Respondent to pay £2,256.40 in respect of notice pay
  • Respondent to pay £280 in respect of holiday pay