Mirza v Smart Light Devices Ireland Ltd & Anor [2007] NIIT 1174_05 (26 February 2007

Mirza v Smart Light Devices Ireland Ltd & Anor [2007] NIIT 1174_05 (26 February 2007

The claimant is not entitled to unpaid expenses from the statutory fund as such payments are not provided for under Article 229 of the 1996 Order. The claimant is entitled to a percentage of pension arrears as arrears of pay under Articles 227 and 229(1)(a). The first respondent's unreasonable conduct justifies a preparation time order for costs in favour of the claimant.

Citation
[2007] 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
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim for unpaid expenses dismissed; claim for pension arrears allowed in part; preparation time order for costs granted.
Legal Topics
Redundancy Payments, Arrears of Pay, Pension Arrears, Unpaid Expenses, Preparation Time Order, Employer Insolvency
Employment Law Insolvency Law Redundancy Payments Arrears of Pay Pension Arrears Unpaid Expenses Preparation Time Order Employer Insolvency

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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. 1 Whether the claimant is entitled to unpaid expenses from the statutory fund
  2. 2 Whether the claimant is entitled to pension arrears from the statutory fund
  3. 3 Whether a preparation time order for costs should be made against the first respondent

Ratio Decidendi

The claimant is not entitled to unpaid expenses from the statutory fund as such payments are not provided for under Article 229 of the 1996 Order. The claimant is entitled to a percentage of pension arrears as arrears of pay under Articles 227 and 229(1)(a). The first respondent's unreasonable conduct justifies a preparation time order for costs in favour of the claimant.

Court Disposition

Claim for unpaid expenses dismissed; claim for pension arrears allowed in part; preparation time order for costs granted.

Orders

  • Claim for £69.29 in unpaid expenses dismissed.
  • Second respondent to pay claimant a percentage of £402.60 pension arrears, percentage to be calculated and accepted by claimant.