O'Neill v D McAuley & Sons (Tiles & Tara... [2010] NIIT 05101_09IT (22 January 2010)

O'Neill v D McAuley & Sons (Tiles & Tara... [2010] NIIT 05101_09IT (22 January 2010)

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

Citation
[2010] NIIT 05101_09IT
Parties
Claimant: Anthony John O’Neill; 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
Claims for redundancy payment, unpaid wages, holiday pay, notice pay, and unfair dismissal upheld. No compensation for unfair dismissal awarded. DEL not liable.
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

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Parties

Anthony John O’Neill

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, entitling him to redundancy, unpaid wages, holiday pay, and notice pay. DEL has no liability as the employer is not legally insolvent.

Court Disposition

Claims for redundancy payment, unpaid wages, holiday pay, notice pay, and unfair dismissal upheld. No compensation for unfair dismissal awarded. DEL not liable.

Orders

  • Redundancy payment of £843.00 to claimant
  • Unpaid wages of £414.00 to claimant