Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 672/06

CLAIMANT: Stephen Andrews

RESPONDENTS: 1. Dromore Building Supplies (2001) Limited

2. Department for Employment & Learning

DECISION

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

Constitution of Tribunal:

Chairman: Mr P Cross

Panel Members: Mr McAuley

Mr Crawford

Appearances:

CLAIMANT: The claimant was represented by Mr Prenter, Solicitor of Campbell & Caher.

RESPONDENTS: The first-named respondent did not appear and was not represented.

The second-named respondent was represented by Ms Baird of the Department for Employment and Learning.

1. The Issues

The claimant, who was the only witness, claimed that he had been unfairly dismissed in a redundancy situation and that he was an employee of the first-named respondent and consequently entitled to a redundancy payment on that respondent going out of business.

2. Findings of Fact
3. .1 On 15 March 2006 Mrs Davey, a chairman sitting alone, awarded a Default Judgment in favour of the claimant, the first-named respondent having failed to present a response to the claimant's claims. Amongst the findings of that tribunal was a finding that the claimant had not received the redundancy payment to which he was entitled.
4. .2 At a subsequent Remedy Hearing Mrs Davey made an award of £2,050.00, compensation for unfair dismissal. No redundancy award was made as that sum was included in the basic award in the unfair dismissal compensation.
5. .3 The first-named respondent is insolvent and the second-named respondent applied to the tribunal to be joined as a respondent in this action. By order of the tribunal dated 3 November 2006 the second-named respondent was so joined.
6. Decision of the tribunal

The tribunal find that the claimant was made redundant on the closing of the first-named respondent's business and, as result of the insolvency of the first-named respondent, is entitled to a redundancy payment from the second-named respondent of £1,250.00, calculated as follows:-

The claimant whose gross pay was £250.00 a week at the time of his dismissal, was born on 27 September 1970 and had completed five years employment with the first-named respondent. He is consequently entitled to a redundancy payment of £1,250.00 (being his wage of £250 X 5).

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order

(Northern Ireland) 1990.

Chairman:

Date and place of hearing: 3 July 2007, Belfast

Date decision recorded in register and issued to parties: