Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 1477/05

CLAIMANT: Mark White

RESPONDENTS: 1. Nigel Cousins t/a Mallusk Accident & Repair Centre 2. Redundancy Payments Service

DECISION

The unanimous decision of the tribunal is that the claims for redundancy payment and notice pay are dismissed.

Constitution of Tribunal:

Chairman: Mr S A Crothers

Panel Members: Mr J McAuley

Ms T Madden

Appearances:

The claimant represented himself.

There was no appearance by or on behalf of the first respondent.

The second respondent was represented by Ms C. Dobbin.

REASONS

1. The Tribunal heard evidence from the claimant. It also heard evidence from Ms Dobbin in relation to any payments made by Redundancy Payments Service. In the claimant’s case, he had obtained a redundancy payment of £1,237.50. His claim for pay in lieu of notice was rejected by the second named respondent on the basis that subsequent to the termination of his employment on 5 September 2005, when the first respondent ceased trading, his income exceeded the total amount payable. The claimant attempted to introduce a claim for holiday pay before the Tribunal. However, he had not made this claim in his original application to the Tribunal and in his application for payments to the second named respondent he had completed the section regarding holiday pay but then struck it out. The Tribunal therefore dismisses his claims for redundancy payment and breach of contract.

Chairman:

Date and place of hearing: 5 April 2007, Belfast.

Date decision recorded in register and issued to parties: