Cusack v Frank Traynor [2010] NIIT 7041_09IT (05 January 2010)

Cusack v Frank Traynor [2010] NIIT 7041_09IT (05 January 2010)

The tribunal found the claimant entitled to redundancy and notice pay based on five years of service at £226 per week, relying on documentary evidence over uncorroborated claims of higher wages.

Citation
[2010] NIIT 7041_09IT
Parties
Claimant: Anthony Cusack; Respondent: Frank Traynor
Jurisdiction
Northern Ireland
Judgment Date
05 January 2010
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim upheld in part; claimant awarded redundancy and notice pay.
Legal Topics
Redundancy Payment, Notice Pay, Dismissal, Calculation of Entitlements
Employment Law Redundancy Payment Notice Pay Dismissal Calculation of Entitlements

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Cusack

Claimant

Frank Traynor

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to redundancy payment and notice pay upon termination of employment
  2. 2 Calculation of redundancy and notice pay based on weekly wage and length of service

Ratio Decidendi

The tribunal found the claimant entitled to redundancy and notice pay based on five years of service at £226 per week, relying on documentary evidence over uncorroborated claims of higher wages.

Court Disposition

Claim upheld in part; claimant awarded redundancy and notice pay.

Orders

  • Respondent to pay claimant £1130 as redundancy payment.
  • Respondent to pay claimant £904 as notice pay.