Mooney v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06632_09IT (22 January 2010)

Mooney v D McAuley & Sons (Tiles & Tara... [2010] NIIT 06632_09IT (22 January 2010)

The claimant was unfairly dismissed as no statutory dismissal procedure was followed, entitling him to four weeks’ pay. He is also entitled to unpaid wages, holiday pay, and notice pay. The Department for Employment & Learning has no liability as the employer is not legally insolvent.

Citation
[2010] NIIT 06632_09IT
Parties
Claimant: Michael Mooney; 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
Claim allowed in full against first respondent; dismissed against second respondent.
Legal Topics
Unfair Dismissal, Unpaid Wages, Holiday Pay, Notice Pay
Employment Law Unfair Dismissal Unpaid Wages Holiday Pay Notice Pay

Case Brief

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Parties

Michael Mooney

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 Whether the claimant was unfairly dismissed
  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 four weeks’ pay. He is also entitled to unpaid wages, holiday pay, and notice pay. The Department for Employment & Learning has no liability as the employer is not legally insolvent.

Court Disposition

Claim allowed in full against first respondent; dismissed against second respondent.

Orders

  • First respondent to pay claimant £368.51 unpaid wages.
  • First respondent to pay claimant £102.37 holiday pay.