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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Devine v Abbey Insulation Services Sean Heaney Patrick Heaney Seamus Heaney [2011] NIIT 01182_11IT (27 September September 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01182_11IT.html
Cite as: [2011] NIIT 1182_11IT, [2011] NIIT 01182_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 1182/11
CLAIMANT: Darren Devine
RESPONDENT: 1. Abbey Insulation Services
2. Sean Heaney
3. Patrick Heaney
4. Seamus Heaney
DECISION ON A REVIEW
The decision of the tribunal is that it varies its decision issued on 6 September 2011 in the following respects:-
(i) Paragraph 5(iv) of the decision now reads:-
“The claimant’s date of birth is 29 February 1988. His gross weekly wage was £234.38 per week, £192.69 net”;
(ii) The first sentence in paragraph 7 of the decision now reads as follows:-
“Having applied the relevant principles of law to the findings of fact the tribunal concludes that the claimant is entitled to 2.5 weeks redundancy pay (£234.38 x 2.5) = £585.95”.
(iii) The paragraph at the beginning of the decision entitled ‘Decision’ now reads as follows:-
“The decision of the tribunal is that the claimant is entitled to £77.08 for arrears of pay, £585.95 redundancy payment and £770.76 notice pay, totalling £1,433.79”.
(iv) In all other respects the decision is confirmed.
Constitution of Tribunal:
Chairman (sitting alone): Mr S A Crothers
Background
1. The tribunal issued a decision on 6 September 2011 (‘the decision’) as follows:-
(1) The decision of the tribunal is that the claimant is entitled to £77.08 for arrears of pay, £703.14 redundancy payment and £770.76 notice pay, totalling £1,550.98.
(2) In correspondence to the parties pursuant to Rule 36(2) of the Industrial Tribunals Rules of Procedure 2005 (as amended) (“the Rules”), the tribunal stated as follows:-
“I refer to the decision in this case issued on 6 September 2011. It has been brought to the tribunal’s attention by the DEL (which is not a party to the proceedings), that the redundancy calculation should be based on 2.5 weeks (which is correct), and not 3 weeks as stated in paragraph 7 of the decision. This would mean that the redundancy award will be calculated at £234.38 x 2.5 = £585.95, and not £703.14 as stated in the decision. Furthermore in paragraph 5 (iv) of the decision the gross weekly amount is stated as £230.38 per week whereas it should be £234.38 per week as stated in paragraph 7 of the decision. The total award is therefore £1,433.79, and not £1,550.98 as stated in this decision. You are given an opportunity to give reasons why there should be no review within 7 days from the date of this correspondence, otherwise the tribunal will proceed to review the decision in the respects specified above”.
(3) No reasons were furnished by the parties as to why there should be no review.
Reasons and Conclusions
2. The tribunal is satisfied that it should vary the decision in the respects specified in the correspondence referred to in paragraph 1 (2) above pursuant to Rule 36(3) of the Rules.
Chairman:
Date decision issued to parties: