Stewart v Aber Systems Limited Aber Systems Limited [2012] NIIT 00127_12IT (15 June 2012)

Stewart v Aber Systems Limited Aber Systems Limited [2012] NIIT 00127_12IT (15 June 2012)

The claimant was dismissed without due notice and without pre-dismissal consultation regarding redundancy, entitling him to notice pay, redundancy pay (calculated as if he had received proper notice), and a finding of unfair dismissal.

Citation
[2012] NIIT 00127_12IT
Parties
Claimant: Ian Stewart; Respondent: Aber Systems Limited
Jurisdiction
Northern Ireland
Judgment Date
15 June 2012
Procedural Posture
Industrial Tribunal / Merits Hearing and Partial Remedies Determination
Outcome
Claims for notice pay, redundancy pay, and unfair dismissal are well-founded; holiday pay claim dismissed; remedies for unfair dismissal deferred.
Legal Topics
Notice Pay, Redundancy Pay, Unfair Dismissal, Holiday Pay
Employment Law Notice Pay Redundancy Pay Unfair Dismissal Holiday Pay

Case Brief

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Parties

Ian Stewart

Claimant

Aber Systems Limited

Respondent

Procedural Posture

Industrial Tribunal / Merits Hearing and Partial Remedies Determination

Legal Issues

  1. 1 Whether the claimant is entitled to notice pay
  2. 2 Whether the claimant is entitled to redundancy pay
  3. 3 Whether the claimant was unfairly dismissed

Ratio Decidendi

The claimant was dismissed without due notice and without pre-dismissal consultation regarding redundancy, entitling him to notice pay, redundancy pay (calculated as if he had received proper notice), and a finding of unfair dismissal.

Court Disposition

Claims for notice pay, redundancy pay, and unfair dismissal are well-founded; holiday pay claim dismissed; remedies for unfair dismissal deferred.

Orders

  • Respondent to pay claimant £803 in respect of notice pay.
  • Respondent to pay claimant £1,939 in respect of redundancy pay.