Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 1517/08

393/09

CLAIMANT: Mary Bernadette Gardiner

RESPONDENT: EKB - Joe McKeown

DECISION

The decision of the tribunal is that the claimant is entitled to a redundancy payment of £1021.

Constitution of Tribunal:

Chairman (Sitting Alone): Mrs Watson

Appearances:

The claimant appeared in person.

The respondent did not appear and was not represented.

1. Issues for consideration

(I) Was the claim made within the statutory time limits?

(II) If not, should the tribunal extend time?

(III) Is the claimant entitled to a redundancy payment and if so, how much?

2. Sources of evidence

The tribunal heard oral evidence from the claimant and considered the originating claim form and the response of the respondent.

3. Facts

(I) The claimant, who is aged over 41 years old, was employed by the respondent as a stitcher from 18 September 2001 until the business ceased trading on 28 November 2007.

(II) The claimant worked 22 hours per week for which she was paid £113.45.

(III) From in or about January 2007, the claimant was on sick leave but she was informed by colleagues that the business had ceased trading and provided with the forms needed to make her claim for redundancy payment. The claimant completed the form and forwarded it to the Redundancy Payments Service.

(IV) On about 14 October 2008, the claimant was told that her former colleagues had received their payments. On enquiry, she was informed by the Redundancy Payment Service that her documentation had not been received and that the statutory time limit for the claim had passed.

(V) On 16 October 2008, the clamant lodged her claim in the Tribunal Office. The tribunal is satisfied that the claimant was unaware that her claim had not been received on time and that she lodged her claim as soon after as was reasonably practicable for her to do so. The tribunal extends the time for lodgement of this claim.

4. Applicable Law

(a) The Employment Rights (Northern Ireland) Order 1996 provides at Article 174 that an employee is to be considered dismissed by reason of redundancy if they are no longer required to attend their place of employment.

(b) The amount of the redundancy payment is to be calculated by reference to the employee's age during employment and her length of service.

(c) In this instance, the claimant was aged over 41 years during her 6 years of service.

(d) Her redundancy payment is therefore 6 weeks pay x 1.5 = £1021.05.

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

Chairman:

Date and place of hearing: 12 June 2009, Belfast

Date decision recorded in register and issued to parties: