Godding v Cousins & Anor (t/a Mallusk Accident & Repair Centre) [2007] NIIT 167_06 (25 April 2007)

Godding v Cousins & Anor (t/a Mallusk Accident & Repair Centre) [2007] NIIT 167_06 (25 April 2007)

The claimant was an employee at the relevant time, the contract had not ended prior to the respondent ceasing trading, and the claimant is entitled to redundancy payment, notice pay, and outstanding wages.

Citation
[2007] NIIT 167_06
Parties
Claimant: Edward Godding; First Respondent: Nigel Cousins t/a Mallusk Accident & Repair Centre; Second Respondent: Redundancy Payments Service
Jurisdiction
Northern Ireland
Judgment Date
25 April 2007
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part
Legal Topics
Redundancy Payment, Notice Pay, Outstanding Wages, Employment Status, Contract Termination
Employment Law Redundancy Payment Notice Pay Outstanding Wages Employment Status Contract Termination

Case Brief

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Parties

Edward Godding

Claimant

Nigel Cousins t/a Mallusk Accident & Repair Centre

First Respondent

Redundancy Payments Service

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was an employee at the relevant time
  2. 2 Whether the claimant is entitled to redundancy payment, notice pay, and outstanding wages

Ratio Decidendi

The claimant was an employee at the relevant time, the contract had not ended prior to the respondent ceasing trading, and the claimant is entitled to redundancy payment, notice pay, and outstanding wages.

Court Disposition

Claim allowed in part

Orders

  • First respondent to pay claimant £3,920.00 as redundancy payment
  • First respondent to pay claimant £2,640.00 as notice pay