Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2008/394_08IT.html
Cite as: [2008] NIIT 394_8IT, [2008] NIIT 394_08IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 394/08

CLAIMANT: Patricia Ogle

RESPONDENT: 1. Department for Employment and Learning

2. Philip Ogle

DECISION

The decision of the tribunal is that the claimant is entitled to redundancy payment based on service in excess of 20 years amounting to £3,891.93.

Constitution of Tribunal:

Chairman: Mr M Davey

Appearances:

The claimant was represented by Mr Lavery, Barrister-at-Law, instructed by Arthur J Downey & Co, Solicitors.

The respondent was represented by Mr P Curran.

The claimant sought a redundancy payment based on service with her employer, who has since become insolvent, from 1981 to 2007. Her evidence was that she had left school aged 16, worked for about a year in a factory and then begun to work for "Country Fried Chicken" in Banbridge. This business had originally been owned by her ex-husband's uncle but had been taken over by her ex-husband in about 1984. The claimant and her husband had married in 1990. She had worked throughout, opening the shop, running the business, dealing with staff, organising rotas, etc. Both her marriage and the business had run into problems over the course of the past 10 years and her ex-husband's administration work had suffered due to his problems. The claimant produced a letter from her ex-husband indicating that she had been continuously employed from 1981, or 1984 (the date had been altered) until 2007. She was unable to explain why a history report produced by the liquidator suggested that there may have been breaks in her employment. These apparent breaks included periods from 28 January 2005 to 20 May 2005, 16 September 2005 to 14 April 2006 and 9 June 2006 to 18 August 2006.

The claimant's evidence was supported by evidence from Ms B Moody who was employed at "County Fried Chicken" from July 2004 until June 2007. She confirmed that the claimant was employed throughout the period she herself was employed without any break in employment. The tribunal notes that this witness's employment included the "break" periods referred to above.

The claimant indicated that her wage amounted to £230 per week, slightly different figure of £240 given in the claim form. However the wages records produced by the respondent suggested that the wages payable were variable. The average amount payable over the final 12 weeks of employment was £185.33 gross.

The tribunal accepted the evidence on behalf of the claimant as regards her period of employment. Accordingly, as of the end of June 2007, the claimant had in excess of 20 years service with the respondent. She became redundant by reason of insolvency and accordingly she is entitled to redundancy payment calculated on her length of service. The claimant was born on 20 December 1964. Working backwards from June 2007 she would have had 2 years service during which she was not below the age of 41 and a further 18 years service during which she was not below the age of 22. While her service was longer the maximum for redundancy payment purposes is 20 years.

On this basis the amount of the redundancy payment will be 2 years at 1½ week's wages and 18 years at one week's wages.

In the light of the wages records the tribunal does not accept that the claimant had a steady weekly wage of £230 or £240 per week. It finds that her wages varied. The average wage over her final weeks was £185.33 and the tribunal considers that to be the appropriate rate on which to base the redundancy payment. Accordingly the amount of redundancy payment is as follows:-

2 x 1½ x £185.33 = £555.99

+ 18 x £185.33 = £3,335.94

TOTAL = £3,891.93

Chairman:

Date and place of hearing: 12 June 2008, Belfast.

Date decision recorded in register and issued to parties:

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