Carroll v Brian Cousins Department for Employment and ... [2011] NIIT 02625_10IT (07 April 2011)

Carroll v Brian Cousins Department for Employment and ... [2011] NIIT 02625_10IT (07 April 2011)

The claimant is entitled to compensation for arrears of wages, holiday pay, notice pay, and redundancy payment based on statutory calculations, and the Department is liable for payment from the statutory fund due to the employer's bankruptcy.

Citation
[2011] NIIT 02625_10IT
Parties
Claimant: Heather Mary Carroll; First Respondent: Brian Cousins; Second Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
07 April 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim upheld
Legal Topics
Breach of Contract, Arrears of Wages, Holiday Pay, Notice Pay, Redundancy Payment, Statutory Fund Payment
Employment Law Breach of Contract Arrears of Wages Holiday Pay Notice Pay Redundancy Payment Statutory Fund Payment

Case Brief

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Parties

Heather Mary Carroll

Claimant

Brian Cousins

First Respondent

Department for Employment and Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 entitlement to arrears of wages
  2. 2 entitlement to holiday pay
  3. 3 entitlement to notice pay

Ratio Decidendi

The claimant is entitled to compensation for arrears of wages, holiday pay, notice pay, and redundancy payment based on statutory calculations, and the Department is liable for payment from the statutory fund due to the employer's bankruptcy.

Court Disposition

claim upheld

Orders

  • £4381.01 awarded against the first respondent
  • £3585.12 awarded against the second respondent from the statutory fund