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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Monaghan v Thomas McCartney [2011] NIIT 01930_10IT (22 June 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01930_10IT.html
Cite as: [2011] NIIT 1930_10IT, [2011] NIIT 01930_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1930/10
CLAIMANT: Owen Monaghan
RESPONDENT: Thomas McCartney
DECISION
The claimant’s claim in respect of notice pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £302.50.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
There was no appearance on behalf of the respondent.
REASONS
1. The claimant is one of a group of former employees of the respondent who have made notice pay claims against him.
2. On the basis of the oral testimony which I heard, and on the basis of the documentary evidence which I received, I was satisfied as to the following.
3. This claimant was dismissed with effect from 21 April 2010, without notice. By that time, he had been employed by the respondent for more than 11 years. He was given no pay in lieu of notice.
4. Although the respondent had, some months earlier, provided various employees with notifications about potential dismissals, this claimant was never given actual and definitive notice of the actual dismissal (the dismissal which occurred on 21 April 2010).
5. I am satisfied that this claimant was entitled to notice of that dismissal, or to pay in lieu of notice, and that this claimant received no such notice. I am satisfied, that as a result of that lack of notice, the claimant’s net loss was as specified above. It was based on: (1) the claimant’s net pay while in the respondent’s employment, minus (2) the amount of any post-dismissal earnings during the notice period (there was none), and (3) minus also the amount of any social security benefits received, or receivable, by the claimant during the notice period.
6. The claimant’s gross and net wage, at the time of his dismissal, was £130. As a result of his dismissal, he received social security benefits at the rate of £102.50 per week, in respect of the entire notice period.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 10 June 2011, Belfast.
Date decision recorded in register and issued to parties: