Campbell v KMR Windows Ltd [2009] NIIT 5911_09IT (27 October 2009)

Campbell v KMR Windows Ltd [2009] NIIT 5911_09IT (27 October 2009)

The claimant is entitled to unpaid wages, holiday pay, and notice pay from KMR Windows Ltd. The Department of Employment and Learning is not liable as the employer is not legally insolvent and the claimant does not meet the requirements for redundancy payment.

Citation
[2009] NIIT 5911_09IT
Parties
Claimant: Deirdre Campbell; First Respondent: KMR Windows Ltd; Second Respondent: Department of Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
27 October 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims for unpaid wages, holiday pay, and notice pay against KMR Windows Ltd are allowed. Claims against the Department of Employment and Learning are dismissed.
Legal Topics
Unpaid Wages, Holiday Pay, Notice Pay, Redundancy Payment, Statutory Guarantee, Insolvency
Employment Law Unpaid Wages Holiday Pay Notice Pay Redundancy Payment Statutory Guarantee Insolvency

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Parties

Deirdre Campbell

Claimant

KMR Windows Ltd

First Respondent

Department of Employment and Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to unpaid wages
  2. 2 Entitlement to holiday pay
  3. 3 Entitlement to pay in lieu of notice

Ratio Decidendi

The claimant is entitled to unpaid wages, holiday pay, and notice pay from KMR Windows Ltd. The Department of Employment and Learning is not liable as the employer is not legally insolvent and the claimant does not meet the requirements for redundancy payment.

Court Disposition

Claims for unpaid wages, holiday pay, and notice pay against KMR Windows Ltd are allowed. Claims against the Department of Employment and Learning are dismissed.

Orders

  • KMR Windows Ltd to pay £1,300.42 to the claimant for unpaid wages.
  • KMR Windows Ltd to pay £360.12 to the claimant for holiday pay.