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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGonigle v Affordable First Limited [2010] NIIT 1686_10IT (29 November 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/1686_10IT.html
Cite as: [2010] NIIT 1686_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1686/10
1862/10
CLAIMANT: Teresa McGonigle
RESPONDENT: Affordables First Limited
DECISION
It is the decision of the tribunal that the claimant is entitled to the sum of £629.76 in respect of a redundancy payment and the sum of £629.76 in respect of a payment in lieu of notice. The claimant’s claim for holiday pay was withdrawn.
Constitution of Tribunal:
Chairman: Ms W A Crooke
(sitting alone)
Appearances:
The claimant appeared and was represented by Mr Harry Lyness of Limavady Community Development Initiative.
The respondent did not appear but did enter a response which was received by the tribunal on 26 August 2010.
THE CLAIM AND THE DEFENCE
1. The claimant claimed that she was entitled to receive redundancy payment and a payment in lieu of notice. The respondent did not deny the claimant’s entitlement.
SOURCES OF EVIDENCE
2. The claimant gave evidence on her own behalf.
THE RELEVANT LAW
3. The relevant law is found in Article 170 of the Employment Rights (Northern Ireland) Order 1996.
THE FACTS
4. The claimant was employed as a Sales Assistant with the respondent from 15 March 2004 to 31 March 2010.
5. Initially she was employed for 16 hours per week and that was increased to 40 hours. However this was once again reduced to 16 hours per week in August 2009.
6. The claimant was contacted by telephone on Friday, 26 March 2010 by one of the Directors of the company indicating that the respondent was closing as and from 31 March 2010, because business was not doing well.
7. Although the business was closed, to the best of the claimant’s knowledge the respondent has not been wound up. To the date of the hearing no liquidator had been appointed.
8. The claimant gave evidence that she received £104.96 per week, this was both her gross and her net wage.
CONCLUSIONS
9. The claimant is entitled to receive a redundancy payment and this is calculated as follows:-
a. The Multiplier
The multiplier in this case is one, as the claimant was employed for six years with the respondent, all of which happened in the age bracket 22-40 years.
b. The Weekly Wage
The weekly wage was is £104.96.
c. Completed Years of Service
Six. The claimant is entitled to receive redundancy payment in the sum of £629.76.
10. It was not disputed in the response that the claimant had six completed years of service with the respondent. Consequently she is entitled to receive a payment in lieu of notice calculated as follows:-
6 x £104.96 = £629.76
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 9 November 2010, Belfast
Date decision recorded in register and issued to parties: