Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2692/04

APPLICANT: Martin McCann

RESPONDENT: C & S Hunter & Sons (Contractors) Limited

DECISION

The unanimous decision of the tribunal is that:-

1. The title of the proceedings be amended to show the respondent as C & S Hunter & Sons (Contractors) Limited in the place of C & S Hunter & Sons.
2. The respondent do pay to the applicant the sum of £5,535.00 by way of a redundancy payment.

Appearances:

The applicant appeared in person.

The respondent did not appear and was not represented.

SUMMARY REASONS

3. The applicant claimed a redundancy payment. His evidence was that he had commenced work with the respondent in May 1980 and had continued working for them continuously until he was dismissed on 20 August 2004. His gross wage as at dismissal was £292.00 per week. He had worked his notice.

The applicant's evidence was corroborated, in part, by correspondence received by the applicant in May 2004 indicating that he was being made redundant due to insufficient plastering work being available. This was further confirmed by letter, submitted by Springmount Financial, representing the respondent who indicated that the applicant had been made redundant and that it was not the company's intention to oppose his claim. The tribunal found that the applicant had been dismissed by reason of redundancy.

4. The applicant, who was born on 6 March 1962, had twenty four years service with the respondent in total. During the course of the last twenty full years service he had one year of service when he was not below the age of forty one and nineteen years service when he was not below the age of twenty two. Accordingly, the applicant is entitled to nineteen weeks pay at the statutory maximum weekly wage of £270.00 and a further one and a half weeks pay at the statutory maximum of £270.00 making a total of £5,535.00 by way of a redundancy payment.

Recoupment

5. No question of recoupment arises.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 16 February 2005, Belfast.

Date decision recorded in register and issued to parties: