Hill v D McAuley & Sons (Tiles & Tara... [2010] NIIT 05218_09IT (22 January 2010)

Hill v D McAuley & Sons (Tiles & Tara... [2010] NIIT 05218_09IT (22 January 2010)

The claimant is entitled to redundancy payment, unpaid wages, holiday pay, and notice pay from the employer, but the Department for Employment & Learning is not liable for these payments as the employer is not legally insolvent under the statutory definition.

Citation
[2010] NIIT 05218_09IT
Parties
Claimant: Eileen Hill; 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 full against first respondent; no liability found against second respondent.
Legal Topics
Redundancy Payment, Unpaid Wages, Holiday Pay, Notice Pay, Employer Insolvency, Statutory Entitlements
Employment Law Redundancy Payment Unpaid Wages Holiday Pay Notice Pay Employer Insolvency Statutory Entitlements

Case Brief

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Parties

Eileen Hill

Claimant

D McAuley & Sons (Tiles & Taranzo) Ltd

First Respondent

Department for Employment & Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to redundancy payment
  2. 2 Entitlement to unpaid wages
  3. 3 Entitlement to holiday pay

Ratio Decidendi

The claimant is entitled to redundancy payment, unpaid wages, holiday pay, and notice pay from the employer, but the Department for Employment & Learning is not liable for these payments as the employer is not legally insolvent under the statutory definition.

Court Disposition

Claim allowed in full against first respondent; no liability found against second respondent.

Orders

  • First respondent to pay claimant redundancy payment of £5,261.58
  • First respondent to pay claimant unpaid wages of £478.12