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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGreevy v Robert McCausland, Down Window... [2012] NIIT 00655_12IT (16 August 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/655_12IT.html
Cite as: [2012] NIIT 00655_12IT, [2012] NIIT 655_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 655/12
CLAIMANT: Paul Joseph McGreevy
RESPONDENT: Robert McCausland, Down Window Systems
DECISION
The decision of the tribunal is that the claimant, on termination of his employment was entitled to £6,460.00. He was entitled to £4,140.00 in respect of a redundancy entitlement and £2,320.00 in respect of notice pay. He has received installment payments amounting to £1,500.00 and is awarded the sum of £4,960.00.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs A Wilson
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The tribunal considered the claim form, the response and the sworn testimony of the claimant.
2. The claimant was employed by the respondent for nine full years when he was dismissed by reason of redundancy on 17 February 2012. The claimant was given one week's notice of his dismissal.
3. The claimant’s gross weekly earnings were £360.00. His net weekly earnings were £290.00. He was aged 46 at the time of his dismissal.
4. Part XII of the Employment Rights (Northern Ireland) Order 1996 deals with entitlement to statutory redundancy payments and Article 197 provides the method of calculation applicable to a redundancy payment.
5. The redundancy calculation in accordance with Article 197 is as follows:-
The claimant’s age at effective date of termination: 46 years
Number of full years employed: 9 years
5 years x 1½ weeks x £360.00 (gross pay) = £2,700.00
4 years x 1 weeks x £360.00 = £1,440.00
Total due in respect of redundancy = £4,140.00
6. Article 118 of the Employment Rights (Northern Ireland) Order 1996 deals with entitlement to notice pay. In accordance with the provisions of Article 118 (1) (b) the claimant was entitled to nine weeks notice in circumstances where he received one weeks notice. He is entitled to notice pay calculated as follows:-
£290.00(net pay) x 8 = £2,320.00
7. The claimant has received the sum of £1,500.00 in monthly installment payments.
8. The claimant is entitled to payment of £4,960.00 being the amount outstanding at the date of the tribunal hearing.
9. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 19 June 2012, Belfast.
Date decision recorded in register and issued to parties: