Industrial Tribunals Northern Ireland Decisions

 


McGahan v Taylor Civil Engineering Contractors Ltd (Redundancy Payment) [2002] NIIT 777_02 (12 August 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 777/02

APPLICANT: Michael McGahan

RESPONDENT: Taylor Civil Engineering Contractors Limited

DECISION

The unanimous decision of the tribunal is that the applicant is entitled to a redundancy payment from the respondent company on the basis of the information set out at paragraph 4 below.

Appearances:

The applicant, Michael McGahan, in person.

The respondent company did not enter an appearance, nor was it represented at the hearing.

1. These reasons are given in summary form.
2. (i) At the commencement of the proceedings, following evidence from the applicant, the title of the respondent was amended to that now shown, to make it clear that it was a limited liability company. The applicant consented to the amendment. He also confirmed that his only claim against the respondent company was in respect of a redundancy payment.

(ii) The tribunal heard evidence from the applicant. It finds the facts set out in the following paragraphs proved to its satisfaction on the balance of probabilities.

3. (i) The applicant was employed as a labourer/lorry driver by the respondent company from April 1999 until 19 October 2001. He was made redundant on the latter date. There was a down-turn in the company's business, and he was told there was no work for him.

(ii) He phoned the company numerous times to enquire about his redundancy payment, and was told it would be sorted out. The company never disputed that he was entitled to such a payment. However, no payment was ever made.

4. The tribunal finds that the applicant is entitled to a redundancy payment calculated as follows:

He had 2 years' complete service with the respondent company. His gross weekly wage was £312 gross (£241 net). This claim is therefore subject to the statutory maximum of £240 applicable at the date of dismissal. The applicant was aged 28 at the date of dismissal. The appropriate multiplier for calculating his redundancy payment is 2. We therefore calculate his entitlement at £240 x 2 = £480.

5. 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: 12 August 2002, Belfast

Date decision recorded in register and issued to parties: