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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Flynn v Paul Mulholland The Carriage Restaurant Ltd [2012] NIIT 01944_12IT (12 December 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/1944_12IT.html
Cite as: [2012] NIIT 01944_12IT, [2012] NIIT 1944_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2046/12
CLAIMANT: James Mimna
RESPONDENT: Department for Employment & Learning
DECISION
The decision of the tribunal is that:-
(i) the claimant’s claim for a redundancy payment was presented within the prescribed time-limit; and
(ii) in any event it would have been just and equitable to extend the time for presenting the said complaint.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant did not appear and was not represented.
The respondent was represented by Mr N Cruickshanks.
1 The claimant did not appear. I was satisfied that he received Notice of Hearing, and proceeded to determine the matter in his absence. In doing so I had regard to the contents of his claim form.
2(i) I am satisfied that his claim was presented in time. He made a claim for a redundancy payment by notice in writing to the administrator of the company which had employed him, Game Store Ltd, within six months of being made redundant.
(ii) I am satisfied that a claim to the administrator is a claim to the employer within Article 199(1)(b) of the 1996 Order.
(iii) If I am wrong about this, I would in any event have extended the time to present the complaint. It is clearly just and equitable to do so in the circumstances of this case. It is not disputed that, any time-issue aside, the complaint is otherwise genuine and meritorious.
3 In the light of my ruling, Mr Cruickshanks, for DEL, informed me that the respondent accepted that the claimant was entitled to a redundancy payment. The basis for the payment and the amount are not in issue, and the matter can now be processed administratively without any further order of the tribunal.
I am grateful to Mr Cruickshanks for his assistance.
Chairman:
Date and place of hearing: 12 December 2012, Belfast
Date decision recorded in register and issued to parties: