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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Cassidy v Department for the Economy [2017] NIIT 02828_17IT (21 December 2017)
URL: http://www.bailii.org/nie/cases/NIIT/2017/02828_17IT.html
Cite as: [2017] NIIT 02828_17IT, [2017] NIIT 2828_17IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2828/17
CLAIMANT: Eleanor Cassidy
RESPONDENTS: 1. Department for the Economy
2. Robert McCurdy
3. Wray Cleaners Ltd
4. Patrick Elliman
DECISION
(1) In relation to the claimant's proceedings against the respondent Department ("the Department"), the outcomes are as follows:
(A) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 ("ERO"), and for that purpose, I determine that, in December 2016, Mr Robert McCurdy was liable to make a redundancy payment to the claimant. (The precise amount of that liability will be agreed between the claimant and the Department or, if not, will be assessed during the course of a future remedies hearing).
(B) The claimant's appeal in respect of wages under Article 233 of ERO is
well-founded. (The precise amount due to the claimant in respect of wages will be agreed between the claimant and the Department or, if not, will be assessed during the course of a future remedies hearing).
(C) The claimant's appeal in respect of holiday pay under Article 233 of ERO is
well-founded. (The precise amount due to the claimant in respect of holiday pay will be agreed between the claimant and the Department or, if not, will be assessed during the course of a future remedies hearing).
(D) The claimant's appeal in respect of notice pay, under Article 233 of ERO is
well-founded. (The precise amount which is due to the claimant in respect of notice pay will be agreed between the claimant and the Department or, alternatively, will be the subject of an assessment during the course of a future remedies hearing).
(2) In relation to the claimant's claims against the other respondents, the outcomes are as follows:
(A) The claimant's claims against Mr McCurdy have been withdrawn. Accordingly, those claims are dismissed.
(B) None of the claimant's claims against Wray Cleaners Ltd is well-founded. Accordingly, all of those claims are dismissed.
(C) None of the claimant's claims against Mr Elliman is well-founded. Accordingly, all of those claims are dismissed.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge Buggy
Appearances:
The claimant was self-represented.
None of the other respondents was entitled to participate in these proceedings, because none of those other respondents had presented a response.
REASONS
1. I announced my decision at the end of the hearing. At the same time, I gave brief oral reasons for that decision.
2. The claimant provided sworn oral testimony in this case. I regarded her as an honest witness.
Employment Judge:
Date and place of hearing: 15 December 2017, Belfast.
Date decision recorded in register and issued to parties: