McLaughlin v Ballyclare Precast Department for Employment and ... [2014] NIIT 1682_13IT (20 January 2014)

McLaughlin v Ballyclare Precast Department for Employment and ... [2014] NIIT 1682_13IT (20 January 2014)

It was not reasonably practicable for the claimant to lodge his claim within the time limit as he believed it had been done by his employer's accountant, and it is just and equitable to extend time for the claim.

Citation
[2014] NIIT 1682_13IT
Parties
Claimant: Ronald Archibald McLaughlin; First Named Respondent: Ballyclare Precast; Second Named Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
20 January 2014
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed
Legal Topics
Redundancy Pay, Notice Pay, Holiday Pay, Extension of Time Limits
Employment Law Redundancy Pay Notice Pay Holiday Pay Extension of Time Limits

Case Brief

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Parties

Ronald Archibald McLaughlin

Claimant

Ballyclare Precast

First Named Respondent

Department for Employment and Learning

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy pay, notice pay, and holiday pay
  2. 2 Whether the claim was lodged within the statutory time limits or if an extension is just and equitable

Ratio Decidendi

It was not reasonably practicable for the claimant to lodge his claim within the time limit as he believed it had been done by his employer's accountant, and it is just and equitable to extend time for the claim.

Court Disposition

Claim allowed

Orders

  • Second-named respondent to pay claimant £13,593.38 as redundancy pay, notice pay, and holiday pay.