Industrial Tribunals Northern Ireland Decisions

 


McColgan v Dunanco (Roofing) Ltd (Redundancy Payment, Payment in Lieu, Unlawful deduction from Wages) [2002] NIIT 03923_01 (2 July 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 03923/01

APPLICANT: Jason McColgan

RESPONDENT: Dunanco (Roofing) Limited

DECISION

The unanimous decision of the tribunal is that the applicant is entitled to a redundancy payment which the tribunal calculates at £525 and pay in lieu of notice of £441 and he suffered an unlawful deduction of wages and the respondent is ordered to pay him £294.

Appearances:

The applicant appeared in person on 27 May 2002 but did not appear nor was he represented on 2 July 2002.

The respondent was not in attendance nor was it represented.

1. These reasons are given in summary form.
2. The applicant claimed a redundancy payment, pay in lieu of notice and unpaid wages. The respondent did not enter a Notice of Appearance.
3. At the hearing on 27 May 2002 the applicant applied to adjourn his application to add a claim for unfair dismissal. The tribunal acceded to his request. By 2 July 2002 an application to amend or notice of his intention to apply to amend had not been served.
4. The applicant did not attend the hearing on 2 July 2002, nor was he represented nor had he made any further communication with OITFET.

The tribunal decided to deal with the application in the absence of the parties.

5. The tribunal made the following findings:-

(a) The applicant was born on 3 December 1972 and was employed by the respondent as a roofer/labourer from February 1998 to 16 October 2001. His weekly wage was £175 gross £147 net.

(b) 8 January 2002 is the relevant date for a claim for a redundancy payment.

(c) The respondent dismissed the applicant on 16 October 2001 by reason of redundancy. Notice of redundancy was not given nor did the respondent have any discussions with the applicant about his redundancy nor any matter connected with it. Neither did he receive a redundancy payment.

(d) The applicant is entitled to a redundancy payment that the tribunal calculates at £525.

(e) The applicant was not given any notice of dismissal nor pay in lieu of notice. He is entitled to statutory notice of 3 weeks and his pay in lieu of notice is calculated at £441.

(f) The applicant did not receive any wages for 2 weeks which amounts to £294.

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

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Date and place of hearing: 27 May and 2 July 2002, Belfast

Date decision recorded in register and issued to parties: