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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCully v Department for Employment and ... [2013] NIIT 00244_13IT (01 November 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/244_13IT.html
Cite as: [2013] NIIT 00244_13IT, [2013] NIIT 244_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 244/13
246/13
CLAIMANTS: 1. Irene McCully
2. Denise McKee
RESPONDENT: Department for Employment and Learning
DECISION
(A) In the McCully case, my determinations are as follows: (1) The claimant’s appeal against the Department’s refusal of notice pay is successful and I declare that the Department ought to make the claimant a payment in respect of holiday pay of £999.36. (2) The claimant’s appeal against the Department’s decision in relation to notice pay is unsuccessful. (2) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”), I declare that Stephen Hewitt is liable, or was liable, to pay a redundancy payment to the claimant of £6,600.
(B) In the McKee case, I make the following determinations: (1) The claimant’s appeal against the Department’s decision in relation to holiday pay is successful. I declare that the Department ought to make the claimant a payment of £1,041 in respect of holiday pay. (2) The claimant’s appeal in respect of the Department’s decision about notice pay is unsuccessful. (3) Pursuant to Article 205 of the Order, I declare that I am satisfied that Stephen Hewitt is liable, or was liable, to pay a redundancy payment to the claimant of £5,375.
Constitution of Tribunal:
Chairman (Sitting alone): Mr P Buggy
Appearances:
The claimant was represented by Mr P Moore, of PM Associates.
The Department was represented by Mr P Curran.
REASONS
1. By the time this appeal came on for hearing, as a result of discussions between the parties, and as a result of documentation which had been obtained by, or provided to, the Department, it was accepted by the Department that, prior to the dismissal of these two claimants, there had been a “TUPE transfer” of the business in which the claimants worked, from Mr John Vance to Mr Stephen Hewitt. Mr Hewitt is bankrupt. Accordingly, the Department accepts that it was liable to make payments to the claimants, in these two conjoined cases, in respect of holiday pay, in respect of any loss sustained as a result of lack of notice or termination of employment, and in respect of redundancy pay. However, because of issues relating to documentary proof, the Department, in the absence of sworn testimony from the claimants, consider that it could not be satisfied, to the requisite standard, as to the extent of any entitlements of the claimants.
2. The figures set out above are figures which were ultimately agreed between the parties. Those figures were agreed after each of the claimants had provided sworn oral testimony in these appeals, and after I had expressed preliminary views as to the implications of that testimony.
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 18 October 2013, Belfast.
Date decision recorded in register and issued to parties: