Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 6824/09         

CLAIMANT:                      GARY JOHN JAMISON

RESPONDENT:                RAVENBLACK DEVELOPMENTS LTD

DECISION ON AN APPLICATION FOR REVIEW

The decision of the tribunal is that the decision issued to the parties in this case on 7 January 2010 is amended as detailed below.

Constitution of Tribunal:

Chairman (sitting alone): Mrs Margaret Watson

Appearances:

The claimant represented himself.

The respondent was represented by Mr Magill of C & H Jefferson, Solicitors

1.      The decision in this case was issued to the parties on 7 January 2010. The solicitors for the respondent who had been debarred from appearing at the hearing, wrote to the tribunal on 20 January 2010 to request a review of the decision under Rule 34(3)(e) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

2.     The tribunal had also received a letter from the Redundancy Payments Service to indicate that it was their view that the name of the claimant’s employer as stated on the decision was incorrect. The claimant and the respondent’s solicitors agreed with Redundancy Payment Services that the correct name of the respondent should have been Ravenblack Developments Limited. The tribunal is satisfied that the name of the respondent should be amended to Ravenblack Developments Limited and so orders.

3.    The parties were also agreed that the Order of the High Court to which the tribunal had been referred was incorrect in that part of the sum awarded to the claimant had been in respect of holiday pay. This was not reflected in the Order on which the tribunal had relied. The claimant acknowledged to the tribunal that he has already received this sum. The tribunal therefore revokes that element of the decision of 7 January 2010 relating to the award of £2307.70.

4.     The respondent also asked the tribunal to review its decision to accept that it had jurisdiction to deal with the application since the respondent was of the view that the proceedings had been lodged out of time. The tribunal has considered the representations of the respondent but is still of the view that the claimant satisfied the requirements of Article 199 of the Employment Rights (Northern Ireland) Order 1996. The decision in this case was issued to the parties on 7 January 2010. The solicitors for the respondent who had been debarred from appearing at the hearing, wrote to the tribunal on 20 January 2010 to request a review of the decision under Rule 34(3)(e) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

5.     The tribunal had also received a letter from the Redundancy Payments Service to indicate that it was their view that the name of the claimant’s employer as stated on the decision was incorrect. The claimant and the respondent’s solicitors agreed with Redundancy Payment Services that the correct name of the respondent should have been Ravenblack Developments Limited. The tribunal is satisfied that the name of the respondent should be amended to Ravenblack Developments Limited and so orders.

6.    The parties were also agreed that the Order of the High Court to which the tribunal had been referred was incorrect in that part of the sum awarded to the claimant had been in respect of holiday pay. This was not reflected in the Order on which the tribunal had relied. The claimant acknowledged to the tribunal that he has already received this sum. The tribunal therefore revokes that element of the decision of 7 January 2010 relating to the award of £2307.70.

7.    The respondent also asked the tribunal to review its decision to accept that it had jurisdiction to deal with the application since the respondent was of the view that the proceedings had been lodged out of time. The tribunal has considered the representations of the respondent but is still of the view that the claimant satisfied the requirements of Article 199 of the Employment Rights (Northern Ireland) Order 1996 and declines to remove the redundancy award.

Chairman:

Date and place of hearing: Belfast on 25 February 2010            

Date decision issued to parties: