Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS  

 

CASE REF:    1676/13  

 

 

 

CLAIMANT:                    Kathleen Murray

 

 

RESPONDENT:              Department for Employment and Learning

 

 

 

DECISION

 

The claimant’s appeal against the Department’s decision in relation to redundancy pay is successful.  Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”), I declare that Bryson Community Enterprises Ltd is liable to pay a redundancy payment to the claimant of £2,400.  The claimant’s appeal against the Department’s refusal to make payments in respect of other employer’s debts is dismissed

 

 

 

Constitution of Tribunal:

 

Chairman  (Sitting alone):     Mr P Buggy

 

 

Appearances:

 

The claimant was represented by Mr Dennis Carson, LLP.

 

The Department was represented by Mr N Cruikshanks.

 

 

 

REASONS

 

1.       In this case, the claimant makes claims against her employer (Bryson Community Enterprises Ltd) in respect of wages, holiday pay, notice pay and redundancy pay.

 

2.       She made an application to the Redundancy Payment Service (“RPS”), in the Service’s role as the statutory guarantor in respect of certain employer’s debts.  In relation to redundancy pay, that application was unsuccessful, mainly because of a lack of supporting documentary or other evidence in relation to the claimant’s contention that she was employed by the employer on a continuous basis until April 2008.

 

3.       In these proceedings, the claimant also appeals against the Department’s refusal of her application.

 

4.       In relation to redundancy pay, that appeal is successful, because of the documentation and oral evidence which has been provided to me during the course of the hearing of the claimant’s appeal.

 

5.       This is my decision only in respect of the claimant’s appeal.

 

6.       It appears that the employer has no funds.  Accordingly, no useful purpose would be served by dealing with the claimant’s claims against the employer, at least at present.  She will be asked in three months’ time whether or not, at that time, she wants to proceed with her claims against the employer, or whether she then wishes to withdraw those claims.

 

7.       I announced my decision at the end of the hearing.  At the same time, I gave oral reasons for that decision.

 

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

 

 

 

 

 

 

 

Chairman:

 

Date and place of hearing:        26 November and 3 December 2013, Belfast.

 

Date decision recorded in register and issued to parties: