Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:    247/12 

 

 

CLAIMANT:                                Robert Joseph Samuel Adams

 

RESPONDENT:                          David Wright T/a D W Contracts

 

 

 

DECISION

 

The tribunal finds that the claimant was dismissed on the ground of redundancy.  The respondent is ordered to pay to the claimant £5,800.00 by way of redundancy payment.  The respondent is also ordered to pay to the claimant the sum of £5,160.00 by way of unpaid notice pay; £1,032.00 by way of unpaid holiday pay; and £1,290.00 by way of unpaid wages.

 

 

Constitution of Tribunal:

 

Chairman  (Sitting alone):          Mr T Browne

 

 

Appearances:

 

The claimant was represented by Mr J Anderson, Barrister-at-Law, instructed by Gordon Bell and Son Solicitors.

 

The respondent did not appear and was not represented.

 

 

THE ISSUES

 

1.       The tribunal had to determine if the claimant had been dismissed on the ground of redundancy, and if so, if he was entitled to a redundancy payment.  The tribunal also had to determine if the respondent owed to the claimant notice pay, holiday pay and unpaid wages.

 

 

FINDINGS OF FACT

 

2.       The tribunal made the following findings of fact from the unchallenged assertions of the claimant and from the available documentary evidence.  This included the written response from the respondent, which accepted the claimant’s case in its entirety.

 

3.       The claimant was employed by the respondent from 14 April 1997 until the respondent ceased to trade on 28 October 2011.  There was no prior consultation or formal notice given by the respondent that there was any prospect of this occurring.

4.       The tribunal is therefore satisfied that the claimant was dismissed on 28 October 2011 by reason of redundancy within the terms of Article 174 of the Employment Rights (Northern Ireland) Order 1996.

 

5.       The tribunal finds as a fact that by virtue of the claimant’s length of service, he is entitled to a redundancy payment and that he has never received any such payment from the respondent.

 

6.       The tribunal is also satisfied that the claimant is entitled to receive payment in lieu of notice pay and that he received no such payment from the claimant.

 

7.       The tribunal is also satisfied that the claimant had not been paid for a period prior to his dismissal.

 

8.       The tribunal is also satisfied that the claimant is entitled to payment in lieu of untaken holidays.

 

 

THE AWARD

 

9.       The respondent is ordered to pay to the claimant the following sums:

 

 

          The respondent is therefore ordered to pay to the claimant a total of £13,282.00.

 

10.     This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:       18 April 2012, Belfast.

 

 

Date decision recorded in register and issued to parties: