Maguire v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06638_09IT (22 January 2010)
The claimant was dismissed without following statutory procedure, making the dismissal automatically unfair. The claimant is entitled to redundancy payment, unpaid wages, holiday pay, and notice pay from the employer. DEL has no liability as the employer is not legally insolvent.
- Citation
- [2010] NIIT 06638_09IT
- Parties
- Claimant: Brendan Maguire; First Respondent: D McAuley & Sons (Tiles & Taranzo) Ltd; Second Respondent: Department for Employment & Learning
- Jurisdiction
- Northern Ireland
- Judgment Date
- 22 January 2010
- Procedural Posture
- Industrial Tribunal / Final Decision
- Outcome
- Claim allowed in part
- Legal Topics
- Redundancy Payment, Unfair Dismissal, Unpaid Wages, Holiday Pay, Notice Pay
Case Brief
Summary, issues, holding and outcome
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Parties
Brendan Maguire
Claimant
D McAuley & Sons (Tiles & Taranzo) Ltd
First Respondent
Department for Employment & Learning
Second Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Whether the claimant is entitled to redundancy payment, unpaid wages, holiday pay, notice pay, and whether the dismissal was unfair.
Ratio Decidendi
The claimant was dismissed without following statutory procedure, making the dismissal automatically unfair. The claimant is entitled to redundancy payment, unpaid wages, holiday pay, and notice pay from the employer. DEL has no liability as the employer is not legally insolvent.
Court Disposition
Claim allowed in part
Orders
- Redundancy payment of £2,025.66 awarded to claimant
- Unpaid wages of £422.08 awarded to claimant
Full Case Text
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