Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   751/14

 

 

CLAIMANT:                      Helen O’Neill

 

RESPONDENT:                Carrickglen Retail Limited

 

 

DECISION ON APPLICATION FOR REVIEW

The tribunal’s decision is that:-

 

(i)       it is just and equitable to extend the 14 day time limit for the claimant to make an application for a review of the tribunal’s decision which was issued on 31 July 2014;

 

(ii)      the claimant’s application for review, on the ground that the decision was made as a result of an administrative error at paragraph 1.4 of the claimant’s claim form is granted; and

 

(iii)     the tribunal’s decision in respect of the redundancy payment the respondent is ordered to make to the claimant is varied from £3,710.28 to £4,088.88.

 

Constitution of Tribunal:

President (sitting alone):  Miss E McBride CBE

 

Appearances:

The claimant was represented by Mr S Mearns of John Ross & Son, Solicitors. 

The respondent did not attend and was not represented.

 

Reasons

 

1.       On 31 July 2014 the tribunal’s decision upholding the claimant’s claims for a redundancy payment and notice pay was issued to the parties. 

 

2.       On 18 September 2014 the claimant made an application for a review of the tribunal’s decision on the ground of an administrative error namely that the claimant’s year of birth has been incorrectly inserted at paragraph 1.4 of her claim form as 1959 rather than 1950 thereby reducing the amount of her redundancy entitlement.

 

The relevant statutory provisions

 

3.       Rule 35 of the Industrial Tribunals Rules of Procedure 2005 provides:-

 

(1)      ...

 

(2)      ...

 

(3)     Subject to paragraph (4), decisions may be reviewed on the following grounds only:-

 

(a)     the decision was wrongly made as a result of an administrative error;

 

(b)      ...

 

(c)      ...

 

(d)      ...

 

Rule 35 provides:-

 

(1)     An application under rule 35 to have a decision reviewed must be made to the Office of the Tribunals within 14 days of the date on which the decision was sent to the parties.  The 14 day time limit may be extended by a chairman if he considers that it is just and equitable to do so.

 

Rule 36 provides:-

 

(1)     Where a party has applied for a review and the application has not been refused after the preliminary consideration mentioned in rule 35, the decision shall be reviewed by the chairman or tribunal who made the original decision.

 

(2)     ...

 

(3)     A tribunal or chairman who reviews a decision under paragraph (1) or (2) may confirm, vary or revoke the decision.  ....

 

Application for extension of time

 

4.       Mr Mearns sought an extension of the 14 day time limit on behalf of the claimant on the ground that it was only when he was contacted by Redundancy Payments Branch shortly before 18 September 2014 that he realised that he had incorrectly entered the claimant’s year of birth as 1959, rather than 1950, at paragraph 1.4 of her online claim form.  Mr Mearns explained that as soon as he was notified of the incorrect date he applied for this review.  Having considered Mr Mearns’ explanation on behalf of the claimant and the greater prejudice that would be caused to the claimant, through the loss of her full legal entitlement, than to the respondent if the application was refused, I am satisfied that it would be just and equitable to extend the 14 day time limit in which to apply for a review.

 

The Review Application

 

5.       Having considered Mr Mearns’ representations on behalf of the claimant, I am satisfied that the claimant’s date of birth was incorrectly inserted at paragraph 1.4 of her claim form due to a genuine administrative error by Mr Mearns.  The claimant’s review application is therefore granted. 

 

6.       Having granted the review application I am satisfied that the redundancy payment should have been calculated on the claimant’s gross average weekly pay of £151.44 using a multiplier of 27 as she was 63 (not 54) at the date of termination and had therefore 18 complete years of service over the age of 41.  The amount of the redundancy payment should therefore be varied from £3,710.28 to £4,088.88.

 

 

 

 

 

______________________________________

E McBride CBE

President

 

 

Date and place of hearing:  6 October 2014, Belfast         

 

 

Date decision recorded in register and issued to parties: