Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2193/04

CLAIMANT: Leonard Alexander Quinn

RESPONDENTS: 1. Tregaco Ltd (In Liquidation)

2. Department for Employment & Learning

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment.

Appearances:

The claimant did not attend and was not represented.

The first respondent did not attend and was not represented.

The second respondent was represented by Ms S Lennox.

REASONS

1. The claimant sought a redundancy payment. The issue for the tribunal was whether there was sufficient evidence to support that claim.
2. The claimant did not appear. The tribunal took into account the information given in the claimant's originating application in which he indicated that he had commenced employment with the first respondent in April 1992 and had been dismissed on 20 November 2003. A letter to the tribunal from the liquidator was produced indicating that he, the liquidator, had no information as to the administration of the company due to the death of the sole director and suggesting that enquiries be referred to the claimant who had been the company's accountant. It was indicated, on behalf of the Department, that enquiries had been made of the revenue authorities which had indicated that the claimant had been working for the first respondent during the relevant tax years. In the light of this evidence the tribunal concluded, on the balance of probabilities, that the claimant's assertion as to his employment was correct and that he had, in fact been in employment with the first respondent from April 1992 to 20 November 2003 as he had claimed. The tribunal also accepted that the claimant was at the time of his dismissal, earning in excess of the statutory maximum wage for the purpose of calculation of redundancy payments.
3. The claimant had, on the basis of the information contained in his originating application, eleven full year's service during all of which he was not below the age of forty one. Accordingly, his entitled redundancy payment calculated at the rate of one and one half weeks pay for each year of service at the relevant statutory maximum of £260.00.

That is –

11 x 1.5 x £260.00 = £4,290.00

This is a relevant decision for the purposes of the Industrial Tribunals

(Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 27 April 2005, Belfast.

Date decision recorded in register and issued to parties: