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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCaul v Dermott McCallan [2011] NIIT 00707_11IT (28 June 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00707_11IT.html
Cite as: [2011] NIIT 707_11IT, [2011] NIIT 00707_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 707/11
CLAIMANT: Kieran McCaul
RESPONDENT: Dermott McCallan
DECISION
The decision of the Tribunal is that the claimant was dismissed by reason of redundancy and that his claims for redundancy pay, notice pay and outstanding holiday pay should succeed. Accordingly, the Tribunal orders the respondent to pay the claimant a total of £4,874.38.
Constitution of Tribunal:
Chairman (sitting alone): Ms P Sheils
Appearances:
The claimant appeared and was represented by Mr Michael Roddy of Omagh Independent Advice Services.
The respondent did not appear and was not represented.
SOURCES OF EVIDENCE
Witnesses
1. The Tribunal heard oral evidence from the claimant.
Documents
2. The claimant’s representative had very helpfully prepared a bundle of documents which included a Schedule of Loss.
3. The Tribunal found the following relevant facts:-
1. The claimant whose date of birth is the 28 March 1977 commenced employment for the respondent on 14 September 1998 and worked for him until 10 December 2010.
2. On that date the claimant’s employer terminated his employment due to a downturn in work. The claimant’s employer advised him that he would not be paying the claimant any redundancy pay.
3. The claimant lodged a claim form on 3 March 2011 claiming redundancy pay, pay in lieu of notice and outstanding holiday pay.
4. The respondent presented a response on 9 May 2011 and agreed that the details of the claimant’s claim were correct.
CONCLUSIONS
4. The Tribunal concluded that the claimant had been made redundant and made the following orders.
That the respondent is ordered to pay the claimant the following:-
|
Redundancy Pay: |
12 Weeks x 1 x £207.55 |
= |
£2,490.60 |
|
|
|
|
|
|
Pay in lieu of Notice: |
12 Weeks x £180.23 |
= |
£2,162.76 |
|
|
|
|
|
|
Outstanding Holiday Pay: |
|
= |
£221.02 |
5. Accordingly, the Tribunal orders the respondent to pay the claimant the total of £4,874.38.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 25 May 2011, Belfast.
Date decision recorded in register and issued to parties: