Industrial Tribunals Northern Ireland Decisions

You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kelly v OMA - Elite Windows Ltd James Coyle [2011] NIIT 01510_11IT (29 December 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01510_11IT.html
Cite as: [2011] NIIT 01510_11IT, [2011] NIIT 1510_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1510/11

CLAIMANT: Michael Kelly

RESPONDENTS: 1. OMA - Elite Windows Limited

2. James Coyle

DECISION

The decision of the tribunal is that the claimant is entitled to a redundancy payment of £3,845.49 together with the sum of £2,379.36 in respect of notice pay from the first named respondent.

Constitution of Tribunal:

Chairman (sitting alone): Mr S A Crothers

Appearances:

The claimant was represented by Michael Roddy of Omagh Independent Advice Centre.

The respondents were not present and were not represented.

The Claim

1. The claimant claimed that he was entitled to a redundancy payment and notice payment. The title of the first named respondent (“the Company”) is amended to that shown above.

The Issues

2. The issues before the tribunal were as follows:-

(1) Whether the claimant is entitled to a sum in respect of notice pay.

(2) Whether the claimant is entitled to a redundancy payment.

Sources of Evidence

3. The tribunal heard evidence from the claimant and received a bundle of documentation on the claimant’s behalf.

Findings of Fact

4. Having considered the evidence insofar as same related to the issues before it, the tribunal made the following findings of fact, on the balance of probabilities:-

(i) The claimant commenced employment with the first named respondent (“the Company”) on 6 October 1993 until 24 January 2011, being the effective date of termination of his employment. The claimant’s date of birth is 18 December 1972. He was aged 38 at the effective date of termination of employment and had worked for the respondent for 17 complete years by that date. His gross weekly wage was £233.06, (£198.28 net).

(ii) The tribunal is satisfied on the evidence that the claimant was made redundant by the respondent and that he did not receive a redundancy payment or notice pay. The claimant presented his claim to the tribunal on 1 July 2011 having submitted a grievance to the company on 9 May 2011.

The Law

5. (i) Article 170 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”) states as follows:-

“170. - (1) An employer shall pay a redundancy payment to any employee of his if the employee:-

a. Is dismissed by the employer by reason of redundancy, …

(2) Paragraph (1) has effect subject to the following provisions of this Part (including, in particular, Articles 175 - 179, 184 - 187, 190 - 196 and 199).”

(ii) Article 180(5) of the Order provides as follows:-

“Where -

a. the contract of employment is terminated by the employer;

b. the notice required by Article 118 to be given by an employer would, if duly given on the material date, expire on a date later than the relevant date (as defined by the previous provisions of this Article),

for the purposes of Articles 23(3), 190 and 197(1) the later date is the relevant date.”

(iii) Article 180(6) provides that “the material date” means the date when notice of termination was given by the employer, or where no notice was given, the date when the contract of employment was terminated by the employer.

(iv) Article 197 of the Order provides for the amount of redundancy payment.

(v) The provisions in relation to breach of contract are contained in the Industrial Tribunal’s Extension of Jurisdiction Order (Northern Ireland) 1994.

Conclusions

6. Having applied the relevant principles of law to the findings of fact, the tribunal concludes as follows:-

(i) The tribunal is satisfied that the clamant is entitled to 16.5 weeks redundancy pay at £233.06 per week = £3,845.49.

(ii) The claimant is also entitled to 12 weeks x 198.28 = £2,379.36, notice pay.

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

Chairman:

Date and place of hearing:

Date decision recorded in register and issued to parties:

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