McCloskey v Frank J O'Donnell [2013] NIIT 901_13IT (04 December 2013)

McCloskey v Frank J O'Donnell [2013] NIIT 901_13IT (04 December 2013)

The claimant's employment terminated in June 2012, not October 2011, based on agreed evidence. The redundancy pay claim falls within the extended time-limit and it is just and equitable to award redundancy pay. The contract is not vitiated by illegality as the claimant was not an active participant in tax evasion.

Source-derived case information.

Citation
[2013] NIIT 901_13IT
Parties
Claimant: Gerard McCloskey; Respondent: Frank J O'Donnell
Jurisdiction
Northern Ireland
Judgment Date
04 December 2013
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims for wages, holiday pay, notice pay, and redundancy pay are upheld.
Legal Topics
Wages, Holiday Pay, Notice Pay, Redundancy Pay, Time Limits, Illegality of Contract
Employment Law Wages Holiday Pay Notice Pay Redundancy Pay Time Limits Illegality of Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gerard McCloskey

Claimant

Frank J O'Donnell

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to wages, holiday pay, notice pay, and redundancy pay
  2. 2 Whether the redundancy pay claim is time-barred under Article 199 of the Employment Rights (Northern Ireland) Order 1996
  3. 3 Whether the employment contract was vitiated by illegality due to non-payment of income tax deductions

Ratio Decidendi

The claimant's employment terminated in June 2012, not October 2011, based on agreed evidence. The redundancy pay claim falls within the extended time-limit and it is just and equitable to award redundancy pay. The contract is not vitiated by illegality as the claimant was not an active participant in tax evasion.

Court Disposition

Claims for wages, holiday pay, notice pay, and redundancy pay are upheld.

Orders

  • Respondent to pay claimant £2,250 for wages
  • Respondent to pay claimant £1,350 for holiday pay