McIntyre v Department for Employment & Le... [2010] NIIT 01753_10IT (14 February 2011)

McIntyre v Department for Employment & Le... [2010] NIIT 01753_10IT (14 February 2011)

The claimant was habitually based and worked in the Republic of Ireland, where he had already claimed redundancy pay. European law and case law establish that only one guarantee institution is liable, precluding claims in multiple member states for the same employment.

Citation
[2010] NIIT 01753_10IT
Parties
Claimant: John McIntyre; First Named Respondent: Department for Employment & Learning; Second Named Respondent: Access & Support Ltd c/o KPMG
Jurisdiction
Northern Ireland
Judgment Date
14 February 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim dismissed
Legal Topics
Redundancy Payments, Cross Border Employment, Guarantee Institutions, Insolvency
Employment Law European Union Law Redundancy Payments Cross Border Employment Guarantee Institutions Insolvency

Case Brief

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Parties

John McIntyre

Claimant

Department for Employment & Learning

First Named Respondent

Access & Support Ltd c/o KPMG

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy payments from two different guarantee institutions in the Republic of Ireland and Northern Ireland for the same employment.

Ratio Decidendi

The claimant was habitually based and worked in the Republic of Ireland, where he had already claimed redundancy pay. European law and case law establish that only one guarantee institution is liable, precluding claims in multiple member states for the same employment.

Court Disposition

claim dismissed

Orders

  • The claimant is not entitled to a redundancy payment from either the first-named respondent or the second-named respondent.