365_12IT
THE INDUSTRIAL TRIBUNALS
CASE REFS: 365/12
401/12
405/12
875/12
1659/12
1660/12
CLAIMANTS: Anne Ringland
Margaret Catherine Little
Catherine Fay
RESPONDENTS: 1. Regan Tile Design Ltd
2. Department for Employment & Learning
3. Regal Tile and Stone Ltd
DECISION
(i) The unanimous decision of the tribunal is that each claimant is entitled to a redundancy payment from the second-named respondent, the Department for Employment & Learning (‘DEL'). The basis of each payment and the amount payable has been agreed.
(ii) The claim by the first-named claimant for unfair dismissal is dismissed having been withdrawn by her.
Constitution of Tribunal:
Chairman: Mr D Buchanan
Members: Mrs E Armstrong
Mr A White
Appearances:
The claimants appeared in person.
The first-named respondent did not appear and was not represented.
The second-named respondent was represented by Mr A Sands, Barrister-at-Law, instructed by The Departmental Solicitor’s Office.
The third-named respondent did not appear and was not represented.
1. The tribunal is satisfied, on the evidence of the third-named claimant, that she was made redundant by the third-named respondent on 1 June 2012. Her evidence was not challenged by DEL and it was very fairly accepted by the second-named respondent’s representative that the other claimants were in the same position, and he did not require them to give evidence.
2. We therefore find that each claimant is entitled to a redundancy payment from DEL. The basis of each payment and the amount payable have been agreed.
3. The first-named claimant withdrew her unfair dismissal claim and we dismissed it.
4. The awards made by the tribunal at Paragraph 2. above are without prejudice to any claim (other than in respect of a redundancy payment) which may be properly payable to each claimant by DEL on proof that the employer is insolvent as statutorily defined under Article 228 of the 1996 Order.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 11 December 2012, Belfast
Date decision recorded in register and issued to parties: