THE INDUSTRIAL TRIBUNALS

CASE REF:    2237/12

CLAIMANT:	Richard Brown

RESPONDENT:	Oregano Belfast Ltd, T/A The Potted Hen

DECISION

The decision of the tribunal is that the claimant is entitled to a payment of £266.40 from the respondent in respect of holiday pay.

Constitution of Tribunal:

Chairman (Sitting alone):	Mrs M Watson

Appearances:

The claimant did not appear 

The respondent did not appear 

FACTS

1.	As neither party appeared, I have disposed of the proceedings under Rule 27(5) of the Industrial Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.  In doing so, I have considered the information provided by the parties.  (R. 27(6))

2.	The claimant had been employed by the respondent as a Chef for some 9 weeks before he resigned on 18 September 2012.  The respondent paid the claimant for the notice period but refused to make any payment in respect of holidays accrued during the employment.

3.	The claimant was paid £296.00 net per week.  Annual holiday entitlement is 28 days which equates to 0.5 days per week.  The claimant should have received:-

	£296.00 / 5  =  £59.20  x  4.5  =  £266.40

4.	This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.

Chairman:

Date and place of hearing:       9 January 2013, Belfast.

Date decision recorded in register and issued to parties: