Mirza v Smart Light Devices Ireland Ltd & Anor [2006] NIIT 1174_05 (8 December 2006)

Mirza v Smart Light Devices Ireland Ltd & Anor [2006] NIIT 1174_05 (8 December 2006)

Claim for unpaid expenses dismissed as not covered by statutory fund; pension arrears claim upheld and ordered to be paid by second respondent; preparation time costs awarded against first respondent due to unreasonable conduct.

Citation
[2006] NIIT 1174_05
Parties
Claimant: Turan Mirza; First Respondent: Smart Light Devices Ireland Limited (In Liquidation); Second Respondent: Department for Employment & Learning Redundancy Payments Services
Jurisdiction
Northern Ireland
Judgment Date
08 December 2006
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim for unpaid expenses dismissed; pension arrears claim upheld; preparation time costs awarded.
Legal Topics
Redundancy Payments, Arrears of Pay, Pension Arrears, Preparation Time Costs, Statutory Fund Claims

Case Brief

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Parties

Turan Mirza

Claimant

Smart Light Devices Ireland Limited (In Liquidation)

First Respondent

Department for Employment & Learning Redundancy Payments Services

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

  1. 1 Entitlement to unpaid expenses
  2. 2 Entitlement to pension arrears from statutory fund
  3. 3 Preparation time costs order

Ratio Decidendi

Claim for unpaid expenses dismissed as not covered by statutory fund; pension arrears claim upheld and ordered to be paid by second respondent; preparation time costs awarded against first respondent due to unreasonable conduct.

Court Disposition

Claim for unpaid expenses dismissed; pension arrears claim upheld; preparation time costs awarded.

Orders

  • Second respondent to pay claimant a percentage of £402.60 pension arrears, percentage to be calculated and accepted by claimant.
  • First respondent to pay claimant £150.00 preparation time costs.