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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCrystal v Monaghan & Portadown Partnersh... [2010] NIIT 1779_10IT (06 December 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/1779_10IT.html
Cite as: [2010] NIIT 1779_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1779/10
CLAIMANT: Martin Gerard McCrystal
RESPONDENT: Monaghan & Portadown Partnership (MAPP)
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment of £6,726.26.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Margaret Watson
Appearances:
The claimant attended and represented himself.
The respondent did not appear and was not represented.
Facts
1. The claimant was employed by the respondent as a Manager of the project from September 2002 until its funding ceased on 30 April 2010.
2. At the date of termination, the claimant did not receive any notice payment. He had no outstanding holiday entitlement.
3. The claimant was aged 39 at the beginning of his employment which had lasted 7 years and he was paid £594.13 gross, £445.18 net per week.
Legal Provisions
4. Under the provisions of the Employment Rights (Northern Ireland) Order 1996, an employee who is made redundant, as defined in Article 174, is entitled to receive a redundancy payment. This is calculated in accordance with Article 197 by reference to the employee’s age and length of service subject to a two year qualifying period. There is also a cap on the amount of a week’s pay for the purpose of this calculation. At the relevant date in this case, that cap was £380.00.
5. Article 118 of the 1996 Order provides that an employee is entitled to one week’s notice for each year worked up to a maximum of 12 years.
Tribunal’s Determination
6. Applying these provisions to the above facts, the tribunal determines that the claimant’s entitlement is as follows:
Redundancy Payment
9.5 weeks @ £380.00 = £3,610.00
Notice pay
7 weeks @ £445.18 = £3116.26
.
Total = £6,726.26
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990
Chairman:
Date and place of hearing: 23 November 2010 at Belfast
Date decision recorded in register and issued to parties: