Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 49/06

307/06

CLAIMANT: Iris Smyth

RESPONDENT: T F Woodside & Co Ltd

DECISION

The unanimous decision of the tribunal is that the claimant was not unfairly dismissed and that her claims for unfair dismissal and notice pay fail.

Constitution of Tribunal:

Chairman: Mr Palmer

Panel Members: Mr Grant

Mr McKeown

Appearances:

The claimant The claimant was represented by Mr McGranaghan of O'Reilly Stewart, Solicitors.

The respondent The respondent was represented by Mrs Crothers, a Director of the respondent.

The Issues	The Issues	The Issues
1.	The net issues to be determined by the tribunal are,
	(1)	Whether the claimant was unfairly dismissed from her employment with the respondent; and
	(2)	Whether she is entitled to notice pay.
2.	A claim for holiday pay in proceedings 307/06 was withdrawn.	A claim for holiday pay in proceedings 307/06 was withdrawn.
3.	In his opening remarks to the tribunal Mr McGranaghan stated that his client's claim, in total, consisted of the following:-	In his opening remarks to the tribunal Mr McGranaghan stated that his client's claim, in total, consisted of the following:-
	(1)	a claim for unfair dismissal;
	(2)	a claim for holiday pay (subsequently withdrawn);
	(3)	a claim in respect of notice pay;
	(4)	a claim in respect of written reasons for dismissal; and
	(5)	a claim in respect of failure to issue particulars of terms and conditions of employment
4.	The chairman asked Mr McGranaghan where in the initiating proceedings a claim had been made in respect of (4) and (5) above. He accepted that no claim had been made in those documents in relation to (4) and (5). No application was made to amend either document. The tribunal, therefore, does not consider these two claims. The claim in respect of holiday pay was withdrawn. The two claims left for consideration are the one in respect of unfair dismissal and the one in respect of notice pay.	The chairman asked Mr McGranaghan where in the initiating proceedings a claim had been made in respect of (4) and (5) above. He accepted that no claim had been made in those documents in relation to (4) and (5). No application was made to amend either document. The tribunal, therefore, does not consider these two claims. The claim in respect of holiday pay was withdrawn. The two claims left for consideration are the one in respect of unfair dismissal and the one in respect of notice pay.
The law on unfair dismissal and notice pay.	The law on unfair dismissal and notice pay.	The law on unfair dismissal and notice pay.
Unfair Dismissal	Unfair Dismissal	Unfair Dismissal
5.	By a combination of Articles 126(1) and 140(1) of the Employment Rights (Northern Ireland) Order 1996 (the Order), an employee, who has been continuously employed for a period of not less that one year ending with the effective date of termination, has the right not to be unfairly dismissed by his/her employer.	By a combination of Articles 126(1) and 140(1) of the Employment Rights (Northern Ireland) Order 1996 (the Order), an employee, who has been continuously employed for a period of not less that one year ending with the effective date of termination, has the right not to be unfairly dismissed by his/her employer.
Notice Pay	Notice Pay	Notice Pay
6.	To terminate the contract of employment of an employee, who has been continuously employed for one month or more, an employer is required to give a minimum period of notice to the employee. Article 118(1) (b) of the Order provides as follows:	To terminate the contract of employment of an employee, who has been   general chat, but it was in the context that when the claimant would be fit to return to work it would be to light duties. She was not asking to be permitted to return to work at that time on light duties. Chairman: Date and place of hearing: 21 February 2007, 22 February 2007 and 5 April 2007, at Belfast. Date decision recorded in register and issued to parties: