Vincler v Red Cent (Nutts Corner) Limite... [2010] NIIT 01119_10IT (09 September 2010)

Vincler v Red Cent (Nutts Corner) Limite... [2010] NIIT 01119_10IT (09 September 2010)

The claimant was not afforded any paid annual leave and was dismissed without notice or pay in lieu; the employer failed to comply with statutory grievance procedures, justifying a 40% uplift in compensation.

Citation
[2010] NIIT 01119_10IT
Parties
Claimant: Michael Vincler; Respondent: Red Cent (Nutts Corner) Limited
Jurisdiction
Northern Ireland
Judgment Date
09 September 2010
Procedural Posture
Employment Claim / Final Judgment
Outcome
claim allowed
Legal Topics
Holiday Pay, Pay in Lieu of Notice, Statutory Grievance Procedure, Statutory Uplift, Identification of Proper Respondent
Employment Law Holiday Pay Pay in Lieu of Notice Statutory Grievance Procedure Statutory Uplift Identification of Proper Respondent

Case Brief

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Parties

Michael Vincler

Claimant

Red Cent (Nutts Corner) Limited

Respondent

Procedural Posture

Employment Claim / Final Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to unpaid holiday pay
  2. 2 Whether the claimant is entitled to pay in lieu of notice
  3. 3 Whether the statutory grievance procedure was complied with

Ratio Decidendi

The claimant was not afforded any paid annual leave and was dismissed without notice or pay in lieu; the employer failed to comply with statutory grievance procedures, justifying a 40% uplift in compensation.

Court Disposition

claim allowed

Orders

  • Respondent to pay claimant £2,648.80 in compensation for unpaid holiday pay, pay in lieu of notice, and statutory uplift.