THE INDUSTRIAL TRIBUNALS

CASE REF:	1131/10

CLAIMANT:			Wioleta Tominska

RESPONDENT:		Kevin McCavera

DECISION
The unanimous decision of the tribunal is that the claimant is entitled to the sum of £442.88 from the respondent in respect of unpaid holiday pay.

Constitution of Tribunal:
Chairman:		Mr D Buchanan
Members:		Mr J Kinnear
			Mr R Hanna

Appearances:
The claimant was represented by Mr S Marriott of Magherafelt & District Advice Centre.
The respondent did not appear and was not represented.

1(i)	The claimant’s claim is for unpaid holiday pay amounting to £442.88.

(ii)	She had worked full-time as a counter assistant at a coffee bar in Magherafelt owned by the respondent.  She started work on 11 January 2007, and her employment ended in late March 2010 when the business ceased trading.

2(i)	Notice of Hearing on the respondent has been effected in this matter on foot of an Order for Substituted Service dated 2 July 2010, which was published in the Belfast Telegraph newspaper of 9 July 2010.

 (ii)	Copies of all documents (copy Order for Substituted Service, copy extract from the Belfast Telegraph, copy Notice of Hearing and a copy of the claimant’s claim form) were also sent to the respondent on 29 October 2010, at a new address subsequently provided for him.

3(i)	We are satisfied from the claimant’s evidence, and from the statement of main terms and conditions of her employment, that on the termination of that employment she was entitled to 12 days holiday pay at the rate of £45.24 per day, making a total of £542.88.

 (ii)	The respondent has never disputed this amount and in fact paid the claimant £100.00 in March 2010, leaving a balance of £442.88 outstanding.

4.	We therefore order that the respondent do pay the said amount of £442.88 in respect of holiday pay to the claimant.

5.	This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing:	9 November 2010, Belfast

Date decision recorded in register and issued to parties: