THE INDUSTRIAL TRIBUNALS
CASE REFS: 634/12
788/12
789/12
790/12
CLAIMANTS: Elaine Steed
Samuel Floyd
Frank
McDougall
Daniel Gabbey
RESPONDENT: Department for Employment
& Learning
DECISION
The decision of the tribunal is that the claimants’
appeals against the respondent Department’s decisions to reject their
applications to it as statutory guarantor for certain payments, namely notice
pay, arrears of wages, and holiday pay, are dismissed. None of the claims were
presented before the end of the period of three months beginning with the dates
on which the decisions of the Department were communicated to the claimants, or
within such further period as the tribunal considers reasonable where it was
not reasonably practicable for the complaints to be presented before the end of
that period of three months.
Consequently, the tribunal does not have jurisdiction
to determine the claims.
Constitution of
Tribunal:
Chairman (sitting
alone): Mr D Buchanan
Appearances:
The
claimants, Elaine Steed, Samuel Floyd and Frank McDougall, appeared in person
and were not represented. Daniel Gabbey did not appear, nor was he
represented.
The
respondent Department was represented by Mr M Cruickshanks.
1. The claims were consolidated and heard
together with the consent of those present. The respondent’s representative
accepted that, notwithstanding Mr Gabbey’s absence, his claim should succeed if
the others did.
2. The claimants’ claims, as set out above,
were dismissed for reasons given at the hearing.
Chairman:
Date and place of
hearing: 13 September 2012, Belfast
Date decision recorded in
register and issued to parties: