Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 318/06

CLAIMANT: Roger William Field

RESPONDENT: Marcus Cunningham

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment from the respondent and the respondent is ordered to pay to the claimant the sum of £892.53.

Constitution of Tribunal:

Chairman: Ms M Sheehan

Members: Mr Miller

Mr Irwin

Appearances:

The claimant was unrepresented and appeared at hearing.

The respondent failed to attend the hearing.

The issue for the tribunal was to decide whether the claimant had been dismissed as a result of redundancy and if so the amount of the redundancy payment due to the claimant.

1. The claimant presented an originating claim that his employment with the respondent as a plants salesperson occurred from 15 May 1999 to 23 December 2005. The respondent gave notice of termination of employment, as a result of redundancy, to the claimant by letter dated 11 November 2005. However the claimant received no redundancy payment. The respondent's response acknowledged that no redundancy payment had been made and claimed he had inadequate funds to make any payment.
2. The claimant gave oral evidence. The tribunal also gave consideration to the originating application and the various documents provided by the claimant at hearing. The tribunal having considered all the evidence, both oral and documentary, found the following facts
3. The claimant's date of birth was 5 June 1942 and at the effective date of termination, 23 December 2005, he had six years of employment with the respondent. The respondent's business ceased as of Friday 23 December 2005. While the claimant was initially employed to work 16 hours per week, in the last twelve months of his employment the number of hours worked had varied with the consent of both parties to the contract of employment. The claimant is in agreement with the respondent that the sum owed in respect of redundancy payment based on average weekly payments in respect of his salary for the thirteen weeks prior to his dismissal is £892.53, such detail having been set out in the letter dated 11 November 2005.
4. The claim has been submitted in time and accordingly the tribunal declares that the claimant is entitled to a redundancy payment in the sum of £892.53.
5. This is a relevant decision for the purposes of the Industrial Tribunal (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 31 May 2006, Belfast.

Date decision recorded in register and issued to parties: