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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCombs v Treehouse Kindergarden Ltd [2013] NIIT 01578_12IT (25 March 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1578_12IT.html
Cite as: [2013] NIIT 01578_12IT, [2013] NIIT 1578_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1578/12
CLAIMANT: Roberta McCombs
RESPONDENT: Treehouse Kindergarten Ltd
DECISION (REMEDIES)
(A) It is ordered that Treehouse Kindergarten Ltd (“Treehouse”) shall pay to the claimant the sum of £1,428 in respect of wages.
(B) It is ordered that Treehouse shall pay to the claimant the sum of £2,645 in respect of notice pay.
(C) It is declared that Treehouse is liable to make a redundancy payment of £3,749 to the claimant.
Constitution of Tribunal:
Chairman: Mr P Buggy
Members: Mr P Sidebottom
Mr H Fox
Appearances:
The claimant was represented by Ms C Maguire Solicitor (Law Centre)
Treehouse was debarred from participating in the hearing because Treehouse did not present a response within the relevant time-limit.
REASONS
1. This is our Decision in respect of remedies in this case. We announced that decision at the end of the remedies hearing (which was held during the afternoon of 11 February 2013). At the same time, we gave brief oral reasons for that decision.
2. This case, along with a number of other associated cases, was the subject of a liability hearing during the morning of 11 February 2013. We announced our decision on liability at the end of that hearing. At the same time, we gave brief oral reasons for that decision. In each of the cases which were the subject of that liability hearing, we made the following determinations:
(1) The claimant was dismissed.
(2) If there was a “relevant
transfer” (within the meaning of the Transfer of Undertakings (Protection of
Employment) Regulations 2006), or if there was a “service provision change”
(within the meaning of the Service Provision Change (Protection of Employment)
Regulations 2006), the claimant had ceased to be employed in the relevant
entity by the time of any such relevant transfer, or by the time of any such
service provision change.
(3) Any such transfer was not a reason for the claimant’s dismissal.
(4) A reason connected with any such transfer was not a reason for the claimant’s dismissal.
(5) Any such service provision change was not a reason for the claimant’s dismissal.
(6) A reason connected with any such service provision change was not a reason for the claimant’s dismissal.
(7) The claimant’s claims against Treehouse were all well-founded.
3. We were satisfied that this claimant was employed by Treehouse for a lengthy period and that the claimant’s employment with Treehouse came to an end on, or within a week after, 25 May 2012. We were satisfied that, at the time of that dismissal, the claimant was owed wages by Treehouse. We were satisfied that the claimant did not receive due notice of the dismissal, or pay in lieu of such notice. We were satisfied that the claimant was dismissed because of the collapse of the Treehouse business.
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 11 February 2013, Belfast.
Date decision recorded in register and issued to parties: