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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Murray v Regeneration of South Armagh L... [2009] NIIT 5879_09IT (22 September 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/5879_09IT.html
Cite as: [2009] NIIT 5879_9IT, [2009] NIIT 5879_09IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 5879/09
CLAIMANT: Ronald Murray
RESPONDENT: Regeneration of South Armagh Ltd
DECISION
The decision of the tribunal is that:-
(i) the claimant is entitled to a redundancy payment from the respondent company calculated on the basis of the information set out at Paragraph 2 below;
(ii) that the respondent company do pay to the claimant the sum of £3,838.81 in respect of unauthorised deductions from his wages; and
(iii) that the respondent company do pay to the claimant the following sums which are owing to him as a result of the former’s breach of his contract of employment:-
(a) £3,981.72 in respect of notice pay; and
(b) £625 in respect of travelling expenses.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant appeared in person.
The respondent did not enter a response.
1. At the start of the hearing, the title of the respondent was amended to that now shown to reflect the fact that it was a limited liability company.
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2. |
(i) |
The claimant worked for the respondent from 1 January 2005 until 10 April 2009 as a Countryside Officer. He was made redundant on the latter date when the business ceased trading. He therefore had four years’ completed service. |
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(ii) |
He was aged 59 at the time of dismissal. |
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(iii) |
His gross pay was subject to the statutory cap of £350 per week. |
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(iv) |
The appropriate multiplier for calculating a redundancy payment is 6. |
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(v) |
His entitlement is therefore £350 x 6 = £2,100. |
3. I also find that the claimant is entitled to the following:-
(I) the sum of £3,838.81 in respect of unauthorised deductions from his wages. He received no salary in February and March 2009;
(ii) the sum of £3,981.72 in respect of unpaid notice pay. He was contractually entitled to two months’ notice pay.
(iii) the sum of £625 in respect of travelling expenses to which he was contractually entitled.
4. Although the respondent company did not enter a response, the sums set out in Paragraphs 2 and 3 above are not in dispute. This is apparent from correspondence from the company’s accountants to the claimant which fully acknowledges his entitlement to these sums.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 September 2009, Belfast
Date decision recorded in register and issued to parties: