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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Entitlement to unpaid expenses
- 2 Entitlement to pension arrears from statutory fund
- 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.
Full Case Text
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