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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McDonald v Robin Farquhar [2013] NIIT 00251_13IT (24 April 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/251_13IT.html
Cite as: [2013] NIIT 251_13IT, [2013] NIIT 00251_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 251/13
CLAIMANT: Liam McDonald
RESPONDENT: Robin Farquhar
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment of £2,961.00 calculated on the basis of the information set out at Paragraph 4 below.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant appeared in person and was not represented.
The respondent did not enter a responses nor did he appear at the hearing.
1. The claimant confirmed that he had been paid his notice payment and outstanding holiday pay.
2. He worked for the respondent from 1 October 2005 until 31 March 2012. The respondent carried out roadworks and the claimant worked for him as a labourer. He was made redundant on the latter date when the business ceased to operate.
3. He presented his claim form to the tribunal on 5 February 2013, and I am satisfied that it is just and equitable that he should receive a redundancy payment.
4(i) At the time of his dismissal he had six years’ completed service.
(ii) He was then aged 54.
(iii) He was paid £329.00 per week.
(iv) The appropriate multiplier for calculating his redundancy pay is 9.
(v) He is therefore entitled to a redundancy payment of £2,961.00 (ie £329.00 x 9).
5. The respondent has never denied that the claimant is entitled to a redundancy payment – indeed he told the claimant that the appropriate payment would be made, but it has never been forthcoming.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 23 April 2013, Belfast
Date decision recorded in register and issued to parties: