Mooney v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06634_09IT (22 January 2010)

Mooney v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06634_09IT (22 January 2010)

The claimant was unfairly dismissed as no statutory dismissal procedure was followed, and is entitled to redundancy payment, unpaid wages, holiday pay, and notice pay. DEL has no liability as the employer is not legally insolvent.

Citation
[2010] NIIT 06634_09IT
Parties
Claimant: Michael Mooney; 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
Claimant's claims for redundancy payment, unpaid wages, holiday pay, notice pay, and unfair dismissal are upheld. No compensatory award for unfair dismissal. DEL has no liability unless employer becomes insolvent.
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

Michael Mooney

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 was unfairly dismissed as no statutory dismissal procedure was followed, and is entitled to redundancy payment, unpaid wages, holiday pay, and notice pay. DEL has no liability as the employer is not legally insolvent.

Court Disposition

Claimant's claims for redundancy payment, unpaid wages, holiday pay, notice pay, and unfair dismissal are upheld. No compensatory award for unfair dismissal. DEL has no liability unless employer becomes insolvent.

Orders

  • Redundancy payment of £4,550 to claimant
  • Unpaid wages of £621.36 to claimant