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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McDowell v Department for Employment and ... [2013] NIIT 900_13IT (06 August 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/900_13IT.html
Cite as: [2013] NIIT 900_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 900/13
CLAIMANT: Rebecca McDowell
RESPONDENT: Department for Employment and Learning
DECISION
Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996, it is determined that Ross Stewart is liable to make a redundancy payment of £2,356 to the claimant and that that sum is payable to the claimant by the Department, in accordance with Article 203 of the Order, in relation to that redundancy payment.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
The respondent was represented by Mr N Cruikshanks.
REASONS
1. In a decision dated 18 December 2012, I decided that Ross Stewart was liable to make a redundancy payment to the claimant of £2,136. That decision was made without hearing from Ross Stewart, or the Department.
2. The Department has a statutory guarantee role in relation to unpaid redundancy payments. In the context of that role, the claimant made an application to the Department for payment of the amount due pursuant to my December Decision. In response to that application, the Department decided to pay the claimant only £1,189.
3. However, in light of the information and evidence which the claimant has provided during the course of her appeal against that decision, the Department is now satisfied that the claimant is entitled to the sum of £2,356 from Mr Stewart in respect of a redundancy payment (because there is continuity of employment between Mr Stewart and a Mr Ian Newell, in relation to the claimant’s employment in the Tavern Bar).
4. I also am satisfied that the claimant is entitled to £2,356 in respect of a redundancy payment from Mr Stewart (again, mainly because of the continuity of employment).
5. There is an anomaly here, in that my earlier decision (my decision of December 2012) asserts that only £2,136 is due to the claimant from Mr Stewart).
6. I note that, if necessary, the Department will ask for an extension of the time-limit within which to apply for a review of the December 2012 decision, and will apply for a review of that Decision.
7. However, in light of the comments made above, it may not come to that. (Mr Stewart may accept that he is liable to a payment of £2,356, instead of the £2,136 wrongly specified in the Decision of December 2012).
8. However, if Mr Stewart does query the amount of his liability, it will then be open to the Department promptly thereafter to make application for an extension of time for applying for a review of the December 2012 Decision, and to seek to apply for a review of 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: 2 July 2013, Belfast.
Date decision recorded in register and issued to parties: