Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:  2161/10

CLAIMANT:           Joe Simpson             

RESPONDENTS:   1 Citypost Limited

                                2 Mailman Postal Services Limited (trading as Mailroom)                  

DECISION on REVIEW

The Chairman of the tribunal having reviewed this decision on his own initiative rules as follows, that an administrative error has been made in the calculation of the Basic Award in the matter  and that the Basic Award should be reduced to nil leaving the compensation payable to the claimant as the amount of the Compensatory Award of £1004.43.

Constitution of Tribunal:             

Chairman:                                                    Mr Cross (sitting alone)   

            1 The chairman’s decision to review this decision on his own initiative is made under the provisions of The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005. These Regulations contains the Rules of the Industrial Tribunals. Under Rule 34(5) of the Industrial Tribunals Rules of Procedure (“the Rules”), the chairman, having realised that an error had been made in the calculation of the Basic Award, decided to review his decision issued to the parties on 9 March 2011.

            2  The tribunal has made an error in the calculation of the Basic Award. Under Article 154(1A) of The Employment Rights (Northern Ireland) Order 1996, (“the 1996 Order”), the amount of the Basic Award of compensation awardable by the tribunal, when it holds that the dismissal is in breach of the statutory dismissal procedures, may be increased. Article 154 (1A) states that the amount of the Basic Award shall be increased to an award of 4 weeks pay if, but only if, the Basic Award payable under Article 152 (1)(a), is less than 4 weeks pay.

            3  The Basic Award that would have been payable under Article 152 (1)(a) of the 1996 Order, would have been 4.5 weeks pay and therefore does not fall to be increased by Article 154 (1A).

            4   Furthermore the claimant had received the equivalent of the Basic Award of 4.5 weeks pay, as a redundancy payment from the respondent and therefore under Article 156 (4)(a) the said redundancy payment must be subtracted from the Basic Award.

            5   The Basic Award is therefore changed to nil and the only sum due to the claimant is the Compensatory Award of £1004.43. The Tribunal awards this sum to the claimant in substitution of the sum of £2113.23.

Chairman:

Date decision recorded in register and issued to parties: