McKenna v CM3 Ltd (in administration) [2009] NIIT 6730_09IT (16 December 2009)

McKenna v CM3 Ltd (in administration) [2009] NIIT 6730_09IT (16 December 2009)

The respondent failed entirely to comply with statutory consultation obligations regarding redundancy, with no mitigating circumstances advanced; therefore, the claimant is entitled to the maximum protective award of 90 days' pay.

Citation
[2009] NIIT 6730_09IT
Parties
Claimant: Martin McKenna; Respondent: CM3 Ltd (in administration)
Jurisdiction
Northern Ireland
Judgment Date
16 December 2009
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claimant entitled to protective award
Legal Topics
Redundancy, Protective Award, Consultation Obligations, Collective Redundancies
Employment Law Redundancy Protective Award Consultation Obligations Collective Redundancies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Martin McKenna

Claimant

CM3 Ltd (in administration)

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent complied with statutory consultation obligations under Article 126 of the Employment Rights (Northern Ireland) Order 1996 in relation to redundancy
  2. 2 Whether the claimant is entitled to a protective award

Ratio Decidendi

The respondent failed entirely to comply with statutory consultation obligations regarding redundancy, with no mitigating circumstances advanced; therefore, the claimant is entitled to the maximum protective award of 90 days' pay.

Court Disposition

claimant entitled to protective award

Orders

  • Protective award of 90 days' pay to claimant