Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McNeela v Joe Cassidy Dromore Glass and Glazing [2011] NIIT 00530_11IT (27 May 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00530_11IT.html
Cite as: [2011] NIIT 00530_11IT, [2011] NIIT 530_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 530/11

CLAIMANT: Jim McNeela

RESPONDENT: Joe Cassidy

Dromore Glass and Glazing

DECISION

The decision of the Tribunal is that the respondent owes the claimant a redundancy payment of £6,018.68 and a notice payment of £3,000.00 and the Tribunal orders the respondent to pay the claimant these monies.

Constitution of Tribunal:

Chairman (sitting alone): Ms P Sheils

Appearances:

The claimant appeared and was represented by Mr Michael Roddy, Omagh Independent Advice Services.

The respondent sent a letter dated 25 March 2011 stating that he would not be attending today’s hearing.

SOURCES OF EVIDENCE

Witnesses: The Tribunal heard from the claimant.

FINDINGS OF FACT

The Tribunal found the following facts proven on the balance of probabilities:-

1. The claimant, whose date of birth is 21 December 1948, commenced employment with the respondent, Mr Joe Cassidy, who traded as Dromore Glass and Glazing in April 1997. He worked for the respondent as a pvc Window and Door Fitter until his dismissal on 11 November 2010.

2. The claimant received £308.00 gross pay and £250.00 net take home pay.

On the night of 11 November 2010 one of the Directors of the respondent company telephoned the claimant and said, “that’s it, it’s all over”. The claimant understood this to mean that the firm had collapsed and that he was being dismissed by reason of redundancy.

4. After this telephone call and some 2-3 weeks later the claimant contacted the respondent company again. He spoke to a woman whom he described as “running the aftermath of the business” and asked her if she could provide him with details of his dismissal and in particular an explanation for it. The claimant stated that he had subsequently received a four-line letter advising him that he had been made redundant. No copy of this letter was provided to the Tribunal. Thereafter the claimant had no further contact from the respondent.

5. The claimant contacted Omagh Independent Advice Services. On his behalf they wrote a grievance letter to Mr Cassidy, owner of the respondent company, claiming that as the claimant’s employment had been brought to an end without notice he was entitled to statutory redundancy pay and pay in lieu of notice. The claimant received no reply to this letter.

6. The claimant subsequently lodged a claim form claiming redundancy, outstanding holiday pay and outstanding notice pay.

7. No response was presented by the respondent company.

The claimant also wrote to the Department of Employment and Learning who wrote to advise him they could make no payment out of the National Insurance Fund without an order from a Tribunal awarding him a redundancy payment.

8. At the hearing the claimant’s representative, Mr Roddy, indicated that the claimant was no longer claiming outstanding holiday pay. Mr Roddy also provided a schedule of loss which the claimant confirmed was accurate.

THE LAW

9. Article 170 of the Employment Rights (Northern Ireland) Order 1996 places an obligation on an employer to pay a redundancy payment to any employee of his who is made redundant.

10. Article 174 describes the circumstances in which a dismissal can be described as a dismissal by reason of redundancy.

11. Article 197 of the same Order sets out how any redundancy payment to be made should be calculated.

THE TRIBUNAL’S CONCLUSIONS

12. The Tribunal concluded that the claimant had been made redundant within the provisions of Article 174 of the said Order.

13. The Tribunal concluded that the claimant was entitled to the following:-

Redundancy Payment

£308.65  x 19.5 weeks = £6,018.68

and

Notice Pay

£250.00  x 12 = £3,000.00

14. Accordingly, the Tribunal orders that the respondent pay the claimant a total of £9,018.68.

15. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 5 May 2011, Belfast.

Date decision recorded in register and issued to parties: