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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hynds v Viveqa Norrby Department for Employment and ... [2011] NIIT 01094_11IT (21 October 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01094_11IT.html
Cite as: [2011] NIIT 1094_11IT, [2011] NIIT 01094_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1094/11
CLAIMANT: Andrea Hynds
RESPONDENT: 1. Viveqa Norrby
2. Department for Employment and Learning
DECISION
(A) The claimant has withdrawn her notice pay claim and accordingly it is hereby dismissed.
(B) The claimant is entitled to redundancy pay of £1,960 from the respondent, Ms Norrby.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
1. Ms Norrby had not presented a response and accordingly was debarred from participating as a party, either personally or through a representative.
2. The Department was represented by Mr N Cruikshanks.
REASONS
1. At the end of the hearing, I announced my decision.
2. On the basis of the claimant’s unchallenged oral testimony, I was satisfied that she had been employed by the respondent for more than seven years, that she was dismissed by the respondent in December 2010 by reason of redundancy, that her gross weekly pay was £280 at the time of her dismissal, and that she was in her thirties at the time of her dismissal.
3. This is my decision, both in respect of the claimant’s reference to this tribunal (in the context of her claim against Ms Norrby) under Article 198 of the Employment Rights (Northern Ireland) Order 1996 and in respect of her “appeal” against the Department’s refusal, in its role as statutory guarantor to make a payment to her in respect of redundancy.
4. The “appeal” aspect of these proceedings is made by the applicant pursuant to Article 205 of the 1996 Order. In dealing with appeals under that article, I am limited to determining the following questions:
(1) any question as to the liability of Ms Norrby to pay the redundancy payment; and
(2) any question as to the amount of the sum payable, pursuant to Article 103, by the Department.
5. One of the reasons for the Department’s refusal of the claimant’s redundancy pay application (to the Department) was that the Department then took the view redundancy pay claim against the employer was invalid because of time-limit shortcomings. The Department now accepts that the time-limit is not a problem, from the claimant’s point of view, because she commenced these proceedings within six months after the date of the termination of her employment.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) (Northern Ireland) Order 1990.
Chairman:
Date and place of hearing: 18 October 2011, Belfast.
Date decision recorded in register and issued to parties: