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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kinnaird v John Conlon T/A Renowned Build... [2011] NIIT 2297_10IT (12 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/2297_10IT.html
Cite as: [2011] NIIT 2297_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2297/10
CLAIMANT: Christopher Gerard Kinnaird
RESPONDENT: John Conlon
T/A Renowned Building Services
DECISION
The decision of the tribunal is that the claimant was made redundant and that the respondent is ordered to pay the claimant £7,790 redundancy pay.
Constitution of Tribunal:
Chairman (sitting alone): Ms Petra Sheils
Appearances:
The claimant appeared and was represented by Mr Reg Rankin of Breen Rankin Lenzi, Solicitors.
The respondent did not appear and was not represented.
THE CLAIM AND THE RESPONSE
1. The claimant lodged a claim on 20 September 2010 for redundancy payment.
2. The respondent did not present a response.
However, the respondent wrote to the office of the claimant’s representative on 20 November 2010 advising that the claimant had been made redundant, that the company had been wound up in July 2010 and that he was not in a position to pay any redundancy monies.
THE HEARING
3. The tribunal heard evidence from the claimant and found the following facts:-
a. The claimant whose date of birth is 31 January 1968, worked for the respondent since leaving school in January 1984. He was employed continuously by the respondent as a Joiner and remained in his employment until June 2010.
b. In June 2010 the respondent spoke to the claimant and told him that the business was in financial difficulties. The claimant asked the respondent about net pay but the respondent advised the claimant that although he accepted the claimant was entitled to a net pay he, the respondent was unable to pay him any redundancy monies.
THE TRIBUNAL’S CONCLUSION
4. The tribunal found that the claimant had been made redundant and was entitled to receive payment:-
£380 x 19 x 1
£380 x 1 x 1½
Total: £7,790
Accordingly the tribunal orders the respondent to pay the claimant £7,790 redundancy.
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 December 2010, Belfast.
Date decision recorded in register and issued to parties: