Mr C Casolla v Novgorod Ltd and Uno Organic Restaurant: 2303270/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The hearing listed on 21 May 2018 will consider Remedy only. Employment Judge Date: 09 May 2018 Case No: 2303270/2017 1 EMPLOYMENT TRIBUNALS Claimant: Mr C Casolla Respondents: Novgorod Ltd (R1) UNO Organic Restaurant (R2) Heard at: London South On: Monday, 21 May 2018 Before: Regional Employment Judge Hildebrand Representation Claimant: Miss Pushparajan, Solicitor Respondent: Did not attend[1]By a Judgment dated 9 May 2018 sent to the parties on 11 May 2018 it was adjudged that the Claimant’s claim succeeded and the remedy to which it would be entitled would be determined at a remedy hearing.[2]At the remedy hearing I gave judgment as follows having heard evidence from the Claimant: - AUTOMATIC UNFAIR DISMISSAL Compensatory Award Loss of earning: 02.08.17 to 14.08.17 (date of dismissal to new job – 1 wk + 2 days) 1 wks x £413.43 wk net = £413.43 2 days x £82.69 p/day = £165.38 £578.81 Plus Loss of statutory rights £500.00 Plus Looking for new employment £50.00 Total Compensatory Award £1,128.81 Uplift of failure to follow the ACAS Code Total increase £282.20 Case No: 2303270/2017 2 Total Compensatory Award including uplift £1,411.01 WRONGFUL DISMISSAL 1 wk x £413.43/wk net £413.43 Uplift of failure to follow the ACAS Code Total increase £103.36 Total Notice Pay including uplift £516.79 ACCRUED ANNUAL LEAVE £504.41 Uplift of failure to follow the ACAS Code Total increase £126.10 Total Holiday Pay including uplift £630.51 UNLAWFUL DEDUCTION OF WAGES £3,161.84 Plus overdraft charges incurred £24.01 TOTAL £5,744.16 This is the sum to be paid by the First Respondent to the Claimant. The Second Respondent is a trading name of the First RespondentREASONS
[1]I heard evidence from Mr Casolla. He obtained new employment after 1 week and two days. I awarded him a compensatory award in respect of 1 week and 2 days. I also awarded him annual leave in respect of 6.1 days claimed. He had not taken zany annual leave during the period of his employment. The Respondent had also failed to pay him for the period from 15 June to 2 August 2017 and had failed to pay him a statutory guarantee payment owed to him. Finally, he had incurred overdraft charges for which he produced evidence in the sum of £24.01.[2]I also uplifted his compensatory award, wrongful dismissal and accrued annual leave award by 25% for failure to follow the ACAS code of practice. The total due to the Claimant is £5,744.16.[3]I did not award a basic award to the Claimant as he had not completed a year’s service.