Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 426/07

CLAIMANT: Pauline Angela Laverty

RESPONDENTS: 1. Oakington Properties Limited, formerly trading as

Supervalu Supermarket, Downpatrick

2. Department for Employment and Learning

DECISION

The unanimous decision of the tribunal is as follows:-

The tribunal declares that the claimant's complaint made under Article 217 of the Employment Rights (Northern Ireland) Order 1996 is well-founded, and it is ordered that the first-named respondent shall pay to the claimant a protective award for the period of 56 days beginning on 13 January 2007, pursuant to Article 217(2), (3), and (4) of the 1996 Order.

Constitution of Tribunal:

Chairman: Mr Buchanan

Members: Mr McIlwaine

Mr Law

Appearances:

The claimant was represent by Ms J McMurray, Solicitor, of McGrady Scullion, Solicitors.

The supervisor of the company voluntary liquidation was represented by Mr R Martin, Solicitor, of Gray Magee, Solicitors.

The second-named respondent was represented by Mr P Curran, of Redundancy Payments Branch.

1. Ms Laverty's case had been agreed as the 'lead' case for 48 claimants in the multiple case of Jervis & Others against the above-named respondents.

2.	(i)	In each of the cases there was an issue as to whether the claimant was entitled to a protective award, and whether the first-named respondent was entitled to rely on the 'special circumstances' defence set out at Articles 216(9) and 221(7) of the Employment Rights (Northern Ireland) Order 1996.
	(ii)	In her claim as originally pleaded, Ms Laverty claimed for a lying week for which she had not been paid. At the outset of the hearing her solicitor, Ms McMurray, indicated that she was withdrawing this claim.
3.	(i)	Mr Martin, solicitor for the supervisor of the company voluntary liquidation, in the case of the first-named respondent, also indicated to the tribunal that he would now no longer be relying on the special circumstances defence. The onus of proving such a defence rests on a respondent by virtue of Article 217(6) of the 1996 Order.
	(ii)	In these circumstances, we are satisfied that the claimant's complaint is well-founded, and it is ordered that the first-named respondent shall pay to the claimant a protective award, pursuant to Article 217(2), (3), and (4) of the 1996 Order.
	(iii)	The protective award shall begin from 13 January 2007, and will be for a period of 56 days. The said period of 56 days was agreed by the claimant's solicitor.

2. As the respondent company is insolvent, payment of the award will fall to the Department in this case, and in the other cases contained in this multiple action. For ease of reference, and with the agreement of the representatives, the claimants entitled to a protective award are set out in a schedule to this decision.

5.	(i)	Ms McMurray, for the claimants, indicated that they all now withdraw their claims in respect of non-payment for a lying week.
	(ii)	The claimant, Angela Smyth, (Case Reference No: 457/07) also has a claim in respect of unpaid wages. Ms McMurray undertook to take further instructions to see if she was proceeding with this claim.
	(iii)	Ms McMurray further undertook, that on payment of the protective award to her clients, she would write to the Office of the Tribunals withdrawing their claims.

3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 2 May 2008, Belfast

Date decision recorded in register and issued to parties: