McAllister v Road and Sea Express Group Ltd & Anor [2006] NIIT 198_06 (24 November 2006)

It was just and equitable for the claimant to receive a redundancy payment despite the late application, due to lack of information about the liquidator and the claimant's reasonable efforts to pursue the claim.

Citation: [2006] NIIT 198_06
Parties: Claimant: Martin Anthony McAllister; First Respondent: Road and Sea Express Group Ltd; Second Respondent: Department for Employment and Learning
Jurisdiction: Northern Ireland
Judgment Date: 24 November 2006
Procedural Posture: Industrial Tribunal / Final Decision
Outcome: Claim allowed in part
Legal Topics: Redundancy Payment, Statutory Time Limits, Insolvency of Employer, Holiday Pay, Outstanding Wages

Employment Law Redundancy Payment Statutory Time Limits Insolvency of Employer Holiday Pay Outstanding Wages

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Anthony McAllister

Claimant

Road and Sea Express Group Ltd

First Respondent

Department for Employment and Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

1 Whether the claimant is entitled to a redundancy payment despite applying outside the statutory six-month time limit
2 Whether the claimant is entitled to outstanding wages and holiday pay

Ratio Decidendi

Court Disposition

Claim allowed in part

Orders

The claimant is entitled to a redundancy payment of £1,680 from the second respondent.
The claimant is entitled to outstanding wages of £280 from the second respondent.