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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Logan v TD Walls Ltd [2009] NIIT 6524_09IT (10 November 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/6524_09IT.html
Cite as: [2009] NIIT 6524_09IT, [2009] NIIT 6524_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 06524/09
CLAIMANT: Victor Logan
RESPONDENT: T D Walls Limited
DECISION
The decision of the Tribunal is that the claimant is entitled to a redundancy payment in the sum of £1,110.19.
Constitution of Tribunal:
Chairman (Sitting Alone): Mrs A Wilson
Appearances:
The claimant appeared in person and was unrepresented.
The respondent was represented by Ms Dickson, Company Secretary of the respondent.
THE ISSUES
Is the claimant entitled to a redundancy payment within the meaning of part XII of the Employment Rights (Northern Ireland) Order 1996 [the Order] and if so what amount is due to him.
FINDINGS OF FACT
There is no dispute between the parties on the following points of fact:-
1. The respondent is a building company which has ceased trading but is not in liquidation.
2. The claimant was employed as a general operative by the respondent from the 15 April 2002 until the 26 May 2009. He had been laid off or was on short time within the meaning of Article 182 of the Order since the 29 November 2008.
Article 182 of the Order provides as follows:
182. — (1) For the purposes of this Part an employee shall be taken to be laid off for a week if—
(a) he is employed under a contract on terms and conditions such that his remuneration under the contract depends on his being provided by the employer with work of the kind which he is employed to do, but
(b) he is not entitled to any remuneration under the contract in respect of the week because the employer does not provide such work for him.
(2) For the purposes of this Part an employee shall be taken to be kept on short-time for a week if by reason of a diminution in the work provided for the employee by his employer (being work of a kind which under his contract the employee is employed to do) the employee's remuneration for the week is less than half a week's pay.
3. The claimant gave notice in writing of intention to claim for the purposes of Article 183 of the Order on the 22 May 2009.
Article 183 of the Order provides as follows:-
183. — (1) Subject to the following provisions of this Part, for the purposes of this Part an employee is eligible for a redundancy payment by reason of being laid off or kept on short-time if—
(a) he gives notice in writing to his employer indicating (in whatever terms) his intention to claim a redundancy payment in respect of lay-off or short-time (referred to in this Part as “notice of intention to claim”), and —
(b) before the service of the notice he has been laid off or kept on short-time in circumstances in which paragraph (2) applies.
(2) This paragraph applies if the employee has been laid off or kept on short-time—
(a) for four or more consecutive weeks of which the last before the service of the notice ended on, or not more than four weeks before, the date of service of the notice, or
(b) for a series of six or more weeks (of which not more than three were consecutive) within a period of thirteen weeks, where the last week of the series before the service of the notice ended on, or not more than four weeks before, the date of service of the notice.
4. The parties agree that the circumstances of Article 183(2) apply.
5. Article 185 of the Order provides as follows:-
185. — (1) An employee is not entitled to a redundancy payment by reason of being laid off or kept on short-time unless he terminates his contract of employment by giving such period of notice as is required for the purposes of this Article before the end of the relevant period.
6. The claimant terminated his contract of employment in compliance with Article 185 (1) of the Order on the 26 May 2009.
7. The claimant was born on the 27 January 1954 and was earning £320.00 gross per week and worked 7 full years for the respondent.
DECISION
8. The claimant is entitled to a redundancy payment calculated in accordance with Article 197 of the Order as follows:-
The claimant had seven full year’s employment at age forty one and upwards entitling him to one and a half week’s pay for every year worked.
9. The claimant was earning £320.40 gross per week. One and a half weeks pay amounts to £480.60.
10. 7 x £480.60 = £3,364.20.
11. The claimant has received a redundancy payment in the sum of £2,254.01.
12. The claimant is entitled to the sum of £1,110.19.
13. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 16 October 2009, Limavady.
Date decision recorded in register and issued to parties: