Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   6169/09

 

 

 

CLAIMANT:                      Patrick Kelly

 

 

RESPONDENT:                Regeneration of Mourne Area Ltd (ROMAL)

 

 

 

DECISION

The decision of the tribunal is that the claimant is entitled to a redundancy payment from the respondent in the sum of £4290.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr N Drennan QC

 

Appearances:

The claimant appeared in person and was not represented.

The respondent did not appear and was not represented.

 

Reasons

 

1.1     The claimant presented a claim to the tribunal on 16 June 2009 for a redundancy payment from the respondent.  The respondent did not present a response to the said claim.

 

1.2           The claimant gave oral evidence to the tribunal.

 

2.1           The tribunal made the following findings of fact, as set out in the following            sub-paragraphs:-

 

(i)              The claimant was born on 19 May 1965 and was employed by the respondent from on or about 1 December 1996 as a manager/development worker to co-ordinate the activities of the respondent, which provided a community support network in South Down. 

 

(ii)             The respondent, which had offices in the Town Hall, Warrenpoint, County Down, ceased operations on 29 January 2009, when it ran out of funds and the claimant’s position with the respondent was ended by the respondent from that date.  In the absence of any funds, the claimant was informed by the respondent it was unable to make any redundancy payment to the claimant.

 

(iii)            The claimant on 29 January 2009 was earning £637 (gross) per week.

 

3.               The Employment Rights (Northern Ireland) Order 1996, insofar as relevant, provides as follows:-

 

“Article 170

 

(1)      An employer shall pay a redundancy payment to any employee of his, if the employee is dismissed by the employer by reason of redundancy.

 

          Article 174

 

(1)      For the purposes of this Order, an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to –

 

(a)            the fact that his employer has ceased or intends to cease –

 

(i)              to carry on the business for the purposes of which the employer was employed by him;

… .”

 

4.1           In light of the facts found, as set out above, I am satisfied, the claimant was dismissed on 29 January 2009 by the respondent by reason of redundancy and that the claimant’s dismissal by the respondent on that date was wholly attributable to the fact that the respondent had ceased to carry on the business for the purposes for which the claimant was employed by the respondent.  The claimant is entitled to a redundancy payment of £4,290, which is calculated as set out below:-

 

Calculation of redundancy payment

 

13 x £330 (taking into account the statutory cap)         -         £4,290

 

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

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         30 September 2009, Belfast

 

 

Date decision recorded in register and issued to parties: