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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Turley v Department for Employment and ... [2013] NIIT 02487_12IT (25 March 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/2487_12IT.html
Cite as: [2013] NIIT 2487_12IT, [2013] NIIT 02487_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2487/12
CLAIMANT: Christina Turley
RESPONDENT: Department for Employment and Learning
DECISION
Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (“The Order”), I have decided that the liability of Global Armour Ltd to the claimant in respect of a redundancy payment has not been extinguished because of time-limit issues In particular, I have decided that it is just and equitable that the claimant should receive a redundancy payment even though she did not take none of the actions specified in paragraph (1) of Article 199 of the Order were taken within the time-limit which is specified in that paragraph.
Constitution of Tribunal:
Chairman (Sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
The Department was represented by Mr N Cruikshanks.
REASONS
1. My understanding is that the only thing preventing the Department from making payment to the claimant, in respect of redundancy, is the time-limit issue. This hearing was originally intended to be a Case Management Discussion. However, at my suggestion, both parties agreed that it could be turned into a Pre-Hearing Review, which would address the time-limit issue.
2. I am satisfied that it is just and equitable that the claimant should receive a redundancy payment, despite the time-limit omissions, mainly for the following reasons. First, nobody has been prejudiced by the delay. Secondly, the delay period is short.
Chairman:
Date and place of hearing: 19 February 2013, Belfast.
Date decision recorded in register and issued to parties: