Fleming v KMR Windows Ltd [2009] NIIT 5889_09IT (12 November 2009)

Fleming v KMR Windows Ltd [2009] NIIT 5889_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 5889_09IT
Parties
Claimant: Gary William Fleming; Respondent: KMR Windows Ltd
Jurisdiction
Northern Ireland
Judgment Date
12 November 2009
Procedural Posture
Employment Claim / Decision on Employment Debts Following Hearing
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, Redundancy, Statutory Guarantee Pay
Employment Law Notice Pay Holiday Pay Arrears of Pay Breach of Contract Redundancy Statutory Guarantee Pay

Case Brief

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Parties

Gary William Fleming

Claimant

KMR Windows Ltd

Respondent

Procedural Posture

Employment Claim / Decision on Employment Debts Following Hearing

Legal Issues

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

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 claimant £738.80 notice pay
  • Respondent to pay claimant £230 holiday pay