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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGurk v Department for Employment and ... [2010] NIIT 00205_10IT (02 September 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/00205_10IT.html
Cite as: [2010] NIIT 205_10IT, [2010] NIIT 00205_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 205/10
CLAIMANT: Kevin McGurk
RESPONDENT: 1. Department for Employment and Learning
2. McGurk Screening Systems Ltd (in liquidation)
DECISION
The decision of the tribunal is that it appears to the tribunal to be just and equitable that the claimant should receive a redundancy payment of Ł4,725.00.
Constitution of Tribunal:
Chairman (sitting alone): Ms J Knight
Appearances:
The claimant appeared and represented himself.
The first named respondent was represented by Mrs Patricia Baird of the Redundancy Payments Service
The second named respondent was neither represented nor in attendance.
Issues
1. The claimant’s claims for arrears of pay and notice pay had already been processed and paid by the Department and therefore the claimant did not require the tribunal to make any order in respect of these matters. The claimant withdrew his claim for holiday pay which is therefore dismissed. Therefore the only issued to be determined by the tribunal was whether it was just and equitable for the claimant to receive a redundancy payment despite the fact that he had not presented his claim within the time limits specified in Article 199 (1) of the Employment Rights (Northern Ireland) Order 1996.
2. The claimant had obtained leave from the High Court to commence and continue his proceedings in the Industrial Tribunal against McGurk Screening Systems Limited under the above reference number by an order dated 13 May 2010. There was no dispute that the claimant was an employee of the company. The claimant was employed as an officer of the company from 16 August 1999 until the effective date of termination on 24 April 2009. The claimant lodged his claim for a redundancy payment with the Office of the Industrial Tribunals and the Fair Employment Tribunal on 18 January 2010.
Article 199 (2) provides:-
“An employee is not deprived of his right to a redundancy payment by paragraph (1) if, during the period of six months immediately following the period mentioned in that paragraph, the employee -
(a) makes a claim for the payment by notice in writing given to the employer,
(b) refers to an industrial tribunal a question as to his right to, or the amount of, the payment, or
(c) presents a complaint relating to his dismissal under Article 145,
and it appears to the tribunal to be just and equitable that the employee should receive a redundancy payment.”
Article 199 (3) provides:-
“In determining under paragraph (2) whether it is just and equitable that an employee should receive a redundancy payment an industrial tribunal shall have regard to –
(a) the reason shown by the employee for his failure to take any such step as is referred to in paragraph (2) within the period mentioned in paragraph (1), and
(b) all the other relevant circumstances.”
3. Having heard the submissions of the claimant and Mrs Baird, and considered the medical reports submitted by the claimant of Doctor Bindal a Consultant Psychiatrist dated 21 January 2009 and 24 April 2010 I am satisfied that the reason for the failure of the claimant to take the steps referred to within the period mentioned in Article 199 (1) was entirely due to his ill-health. In all the relevant circumstances I am satisfied that it is just and equitable that the claimant should receive a redundancy payment. The parties indicated that subject to the ruling of the tribunal the amount of redundancy payment has been agreed at Ł4,725.00 calculated in accordance with the statutory formula.
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.
Chairman:
Date and place of hearing: 28 July 2010, Belfast.
Date decision recorded in register and issued to parties: