Ritchie v A Magee Enterprises Ltd [2012] NIIT 02817_11IT (27 February 2012)

Ritchie v A Magee Enterprises Ltd [2012] NIIT 02817_11IT (27 February 2012)

Claimant is entitled to a redundancy payment as dismissal was by reason of redundancy; tribunal lacks jurisdiction to entertain claims for pay in lieu of notice and holiday pay as they were presented outside statutory time limits and no evidence showed it was not reasonably practicable to present them in time.

Source-derived case information.

Citation
[2012] NIIT 02817_11IT
Parties
Claimant: Kirsty Eileen Ritchie; Respondent: A Magee Enterprises Limited
Jurisdiction
Northern Ireland
Judgment Date
27 February 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claimant awarded redundancy payment; claims for pay in lieu of notice and holiday pay dismissed for lack of jurisdiction.
Legal Topics
Redundancy Payment, Breach of Contract, Time Limits for Claims, Holiday Pay, Pay in Lieu of Notice
Employment Law Redundancy Payment Breach of Contract Time Limits for Claims Holiday Pay Pay in Lieu of Notice

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Parties

Kirsty Eileen Ritchie

Claimant

A Magee Enterprises Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Entitlement to redundancy payment
  2. 2 Jurisdiction to entertain breach of contract claims for pay in lieu of notice and holiday pay due to time limits

Ratio Decidendi

Claimant is entitled to a redundancy payment as dismissal was by reason of redundancy; tribunal lacks jurisdiction to entertain claims for pay in lieu of notice and holiday pay as they were presented outside statutory time limits and no evidence showed it was not reasonably practicable to present them in time.

Court Disposition

Claimant awarded redundancy payment; claims for pay in lieu of notice and holiday pay dismissed for lack of jurisdiction.

Orders

  • Respondent shall pay claimant £1,512.00 as redundancy payment.
  • Claims for pay in lieu of notice and holiday pay are dismissed.