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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGuigan v Younger Homes Ltd [2012] NIIT 02819_11IT (05 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02819_11IT.html
Cite as: [2012] NIIT 2819_11IT, [2012] NIIT 02819_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2819/11
CLAIMANT: Feargal McGuigan
RESPONDENT: Younger Homes Limited
DECISION
The decision of the tribunal is that the claimant is entitled to:-
(a) a redundancy payment of £8,200.00;
(b) unpaid wages of £2,920.00; and
(c) notice pay of £3,180.00.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear.
Facts
1. The claimant was employed by the respondent from 1 September 1986 until his employment ended on 8 July 2011. The claimant’s age at the date of dismissal was 42. He had 24 years’ service with the respondent.
2. At the date of termination of the employment the claimant’s gross weekly wage was £442.00 and his net weekly wage was £365.00.
3. The claimant’s employment ceased when he was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent.
4. The claimant makes claims for redundancy payment, unpaid wages and notice pay. He seeks eight weeks’ wages. The claimant commenced new employment on 5 September 2011, earning £300.00 per week net.
5. After hearing the evidence of the claimant, the tribunal is satisfied his claims are well-founded. The tribunal makes the following awards:-
(a) Redundancy pay
The claimant is entitled to 201/2 weeks’ pay based on his gross weekly wage, subject to the statutory cap of a week’s pay of £400.00. The claimant is therefore entitled to £8,200.00.
(b) Unpaid wages
The claimant is entitled to eight weeks’ wages. This is based on net wages. The claimant is therefore entitled to £2,920.00.
(c) Notice pay
The claimant is entitled to 12 weeks’ notice pay based on his net weekly wage. From this must be deducted his earnings during the notice period of £1,200.00. The claimant is therefore entitled to £3,180.00.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 18 January 2012, Belfast
Date decision recorded in register and issued to parties: