Karpinski v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06641_09IT (22 January 2010)

Karpinski v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06641_09IT (22 January 2010)

The claimant was unfairly dismissed as no statutory dismissal procedure was followed, entitling him to redundancy payment, unpaid wages, holiday pay, and notice pay. No compensatory award for unfair dismissal was made as the redundancy payment and basic award are equal and offset.

Citation
[2010] NIIT 06641_09IT
Parties
Claimant: Miroslaw Karpinski; 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 part; claims against Department for Employment & Learning dismissed.
Legal Topics
Redundancy Payment, Unfair Dismissal, Unpaid Wages, Holiday Pay, Notice Pay
Employment Law Redundancy Payment Unfair Dismissal Unpaid Wages Holiday Pay Notice Pay

Case Brief

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Parties

Miroslaw Karpinski

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 Whether the claimant is entitled to redundancy payment
  2. 2 Whether the claimant was unfairly dismissed
  3. 3 Whether the claimant is entitled to unpaid wages, holiday pay, and notice pay

Ratio Decidendi

The claimant was unfairly dismissed as no statutory dismissal procedure was followed, entitling him to redundancy payment, unpaid wages, holiday pay, and notice pay. No compensatory award for unfair dismissal was made as the redundancy payment and basic award are equal and offset.

Court Disposition

Claim allowed in part; claims against Department for Employment & Learning dismissed.

Orders

  • Redundancy payment of £578.60 awarded to claimant
  • Unpaid wages of £422.08 awarded to claimant