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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Moore v Roy Millar LMC Systems Ltd [2010] NIIT 1221_10IT (20 December 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/1221_10IT.html
Cite as: [2010] NIIT 1221_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 1221/10
1374/10
CLAIMANT: David Moore
RESPONDENT: Roy Millar LMC Systems Ltd
Constitution of Tribunal:
Chairman (sitting alone): Mr Patrick Kinney
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear and was not represented.
DECISION ON A REVIEW
The decision of the tribunal is that the earlier decision of the tribunal dated 15 October 2010 is reviewed and is amended to the extent that the claimant is now entitled to a redundancy payment of £3,800.00.
1. By a decision dated 15 October 2010 the tribunal determined that the claimant was owed several sums by the respondent, LMC Systems Ltd.
2. On 16 November 2010 the tribunal received an e-mail from the Department for Employment & Learning to state that an error had been made in the body of the decision. Mr Moore was entitled to 10 weeks redundancy pay totalling £3,800.00 rather than nine weeks redundancy pay totalling £3,420. On 29 November 2010 the Office of the Tribunals wrote to the parties copying that correspondence and informing the parties that the Chairman proposed to review the decision of the tribunal to reflect and accept the points made in that correspondence. The Chairman did not propose to hold a review hearing unless requested by either party. Both the claimant and the respondent replied to that correspondence and neither requested a further review hearing.
3. In those circumstances, the decision is reviewed as follows:-
“The claimant is 40 years of age. He is entitled to 10 weeks redundancy pay based on his gross week wage but subject to the statutory maximum for a weekly wage then in force of £380.00. The claimant is therefore entitled to £3,800.00 in respect of redundancy pay.”
4. The annex to the decision is also incorrect. At Paragraph 1 of the annex the correct figure should be as follows:-
“(a) Monetary award £28,722.20
(b) Prescribed element £10,367.50
(c) Period to which (b) relates –
19 February 2010 – 31 August 2010
(d) Excess of (a) over (b) £18,354.70
Chairman:
Date: December 2010