THE INDUSTRIAL TRIBUNALS
CASE REF: 251/13
CLAIMANT: Liam McDonald
RESPONDENT: Robin Farquhar
DECISION
The decision of the
tribunal is that the claimant is entitled to a redundancy payment of £2,961.00
calculated on the basis of the information set out at Paragraph 4 below.
Constitution of
Tribunal:
Chairman (sitting
alone): Mr D Buchanan
Appearances:
The
claimant appeared in person and was not represented.
The
respondent did not enter a responses nor did he appear at the hearing.
1. The claimant confirmed that he had been paid
his notice payment and outstanding holiday pay.
2. He worked for the respondent from 1 October
2005 until 31 March 2012. The respondent carried out roadworks and the
claimant worked for him as a labourer. He was made redundant on the latter
date when the business ceased to operate.
3. He presented his claim form to the tribunal
on 5 February 2013, and I am satisfied that it is just and equitable that he
should receive a redundancy payment.
4(i) At the time of his dismissal he had six
years’ completed service.
(ii) He was then aged 54.
(iii) He was paid £329.00 per week.
(iv) The appropriate multiplier for calculating
his redundancy pay is 9.
(v) He is therefore entitled to a redundancy
payment of £2,961.00 (ie £329.00 x 9).
5. The respondent has never denied that the
claimant is entitled to a redundancy payment – indeed he told the claimant
that the appropriate payment would be made, but it has never been forthcoming.
6. This is a relevant decision for the purposes
of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of
hearing: 23 April 2013, Belfast
Date decision recorded in
register and issued to parties: