Harkness v David Harkness [2012] NIIT 00535_12IT (13 June 2012)

The claimant was dismissed due to business closure, constituting redundancy, and had more than two years' service, entitling him to a statutory redundancy payment.

Citation: [2012] NIIT 00535_12IT
Parties: Claimant: Gordon Harkness; Respondent: David Harkness
Jurisdiction: Northern Ireland
Judgment Date: 13 June 2012
Procedural Posture: Redundancy Payment Claim / Final Decision
Outcome: claim allowed
Legal Topics: Redundancy Payment, Dismissal, Statutory Entitlement

Employment Law Redundancy Payment Dismissal Statutory Entitlement

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6

Parties

Gordon Harkness

Claimant

David Harkness

Respondent

Procedural Posture

Redundancy Payment Claim / Final Decision

Legal Issues

1 Whether the claimant was dismissed
2 Whether the dismissal was by reason of redundancy
3 Whether the claimant had sufficient qualifying service for redundancy payment

Ratio Decidendi

The claimant was dismissed due to business closure, constituting redundancy, and had more than two years' service, entitling him to a statutory redundancy payment.

Court Disposition

claim allowed

Orders

Respondent to pay claimant a redundancy payment of £3,957