Maguire v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06635_09IT (22 January 2010)

Maguire v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06635_09IT (22 January 2010)

The claimant was unfairly dismissed as no statutory dismissal procedure was followed and the failure was attributable to the employer. The claimant 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 06635_09IT
Parties
Claimant: Frank Maguire; 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 compensation for unfair dismissal awarded.
Legal Topics
Redundancy Payment, Unfair Dismissal, Unpaid Wages, Holiday Pay, Notice Pay, Employer Insolvency
Employment Law Redundancy Payment Unfair Dismissal Unpaid Wages Holiday Pay Notice Pay Employer Insolvency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Frank Maguire

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 the failure was attributable to the employer. The claimant 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 compensation for unfair dismissal awarded.

Orders

  • Redundancy payment of £1,313.52 to claimant
  • Unpaid wages of £466.67 to claimant