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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Osborne v Survey Services (NI) T McGarrigle B McQuitty [2011] NIIT 00811_11IT (13 June 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00811_11IT.html
Cite as: [2011] NIIT 811_11IT, [2011] NIIT 00811_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 811/11
CLAIMANT: Angela Joyce Osborne
RESPONDENTS: 1. Survey Services (NI)
2. T McGarrigle
3. B McQuitty
DECISION
The decision of the tribunal is that the claimant is entitled to the sum of £2,322.40 by way of balance redundancy payment.
Constitution of Tribunal:
Chairman (sitting alone): Mr S A Crothers
Appearances:
The claimant was present and represented herself.
The second-named respondent was in attendance. The third-named respondent was unable to attend and forwarded correspondence to the tribunal which was considered as a written representation.
THE CLAIM
1. The claimant claimed redundancy pay. The
second-named respondent entered a response to the claim. He did not dispute
the fact that the claimant was redundant. Furthermore, he agreed that the
claimant’s gross wage per week was £282.24.
THE ISSUE
2. The issue before the tribunal was whether
the claimant was entitled to a sum by way of a redundancy payment.
SOURCES OF EVIDENCE
3. The tribunal heard evidence from the
claimant who adopted the contents of her claim form as evidence before the
tribunal.
FINDINGS OF FACT
4. Having considered the evidence insofar same relating to the issue before it, the tribunal made the following findings of fact on the balance of probabilities.
(i)
The claimant was employed by the
respondent from 13 May 2002 until the effective date of termination of her
employment on 30 September 2010.
(ii) It was agreed between the claimant and the second-named respondent that her gross weekly wage was £282.24 and that she was redundant and was entitled to 10 weeks’ redundancy payment. Her date of birth was 3 February 1965.
THE LAW
5. The tribunal considered the relevant provisions of the Employment Rights (Northern Ireland) Order 1996 relating to redundancy.
CONCLUSIONS
6. Having considered the evidence on the findings of fact the tribunal concludes as follows:-
(1)
The tribunal is satisfied that
the claimant was dismissed by reason of redundancy.
(2) On the effective date of termination of her employment, the claimant was earning £282.24 gross per week. The appropriate multiplier for calculating redundancy is:-
£282.24 x 10 = £2,822.40
(3) The claimant has already been paid an amount of £500.00 and is therefore owed a balance amount in relation to her redundancy payment of £2,322.40.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 8 June 2011, Belfast.
Date decision recorded in register and issued to parties: