Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 1319/15

CLAIMANT: Daniel Convery

RESPONDENT: Department for Employment and Learning and Another

DECISION

(A) Pursuant to Article 205 of the Employment Rights Order 1996, I declare that Fiona McLarnon is liable to make a redundancy payment to the claimant.

(B) The claimant's appeal under Article 233 of ERO is successful.

(C) The amounts due to the claimant, pursuant to the decisions recorded above have been agreed between the parties.

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge Buggy

Appearances:

The claimant was self-represented.

The respondent was represented by Mr Neil Cruikshanks.

REASONS

1. I announced my decision at the end of the hearing. At the same time, I announced my reasons for that decision. What follows is by way of summary only.

2. I regarded the claimant and his wife, Virginia Convery, as honest and reliable witnesses. I was satisfied that the claimant had been employed in the Stables public house in Antrim continuously from March 2005 until January 2015 and that his average gross weekly salary during the last 12 weeks of his employment was £280.

3. This was a decision only in respect of the claimant's appeal against the Department's refusal of his applications to the Department. In addition, in these proceedings, the claimant also makes claims against his former employer, Ms Fiona McLarnon. The claims against Ms McLarnon cannot be pursued without the leave of the High Court (because Ms McLarnon had become bankrupt prior to the commencement of these proceedings). Accordingly, in due course, the Office of the Industrial Tribunals will write to the claimant, asking him whether he now wishes to withdraw the proceedings against Ms McLarnon.

Employment Judge:

Date and place of hearing: 10 September 2015, Belfast.

Date decision recorded in register and issued to parties: