01666_11IT
THE INDUSTRIAL TRIBUNALS
CASE REFS: 2258/11
2224/11
1666/11
CLAIMANTS: 1. John Gerard McCormick
2. Joseph Morgan
3. Hubert Denvir
RESPONDENT: Alan Dunlop Ltd
DECISION
The decision of the tribunal is that the claimants where made redundant by the respondent Alan Dunlop Ltd and the tribunal orders the respondent to pay to Mr McCormick £4698.08, to Mr Morgan £1,526.40 and to Mr Denvir £6,900.00.
Constitution of Tribunal:
Chairman (sitting alone): Ms P Sheils
Appearances:
1. Mr McCormick did not appear and was not represented.
2. Mr Morgan appeared and represented himself.
3. Mr Denvir appeared and was represented by Ms Leona Askins, instructed by Ferguson and Company Solicitors.
The respondent was represented by Mr Michael Dunlop.
The Claims
1. The above claimants worked for the respondent Alan Dunlop Ltd in various capacities until they where made redundant in 2011. There was no dispute as to the redundancies.
2. (1) John Gerard McCormick date of birth 17 January 1959 currently aged 52
Mr McCormick commenced employment at Alan Dunlop Ltd on 8 April 1997. Mr McCormick was made redundant on 25 May 2011. Accordingly Mr McCormick worked for Alan Dunlop Ltd for 14 full years.
Mr McCormick’s redundancy entitlement is £6,198.08. However Mr McCormick as already received £1,500.00 from the respondent. Consequently Mr McCormick’s outstanding redundancy pay is £4,698.08.
(2) Joseph Martin Morgan date of birth 29 September 1971 currently aged 40
Mr Morgan commenced employment with Alan Dunlop Ltd on 30 June 2003. He was made redundant on 18 June 2011 having worked eight full years. Consequently his redundancy entitlement is £3,026.40. However Mr Morgan has received £1,500.00 from the respondent leaving his outstanding redundancy payment as £1,526.40.
(3) Hubert Denvir date of birth 28 April 1953 currently aged 58
Mr Denvir was employed by the respondent on 8 April 1997 and his employment ended on his redundancy on 11 May 2011. Mr Denvir worked as a construction foreman for 14 full years.
Mr Denvir had two claims, one in relation to unlawful deduction of wages and the other in relation to redundancy pay. The tribunal was advised by Ms Askins that Mr Denvir’s claim for unlawful deduction of wages with withdrawn.
Mr Denvir’s redundancy entitlement is £8,400.00. However Mr Denvir has also received £1,500.00 leaving an outstanding redundancy payment of £6,900.00.
The tribunal hereby orders the respondent company Alan Dunlop Ltd to pay each of the claimants their outstanding redundancy entitlement.
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 11 November 2011, Belfast
Date decision recorded in register and issued to parties: