Orr v Herdmans Limited [2010] NIIT 02012_10IT (10 February 2011)

Orr v Herdmans Limited [2010] NIIT 02012_10IT (10 February 2011)

The claimant is entitled to redundancy payment, notice pay (subject to tribunal's financial limit), holiday pay, and compensation for unauthorised deduction of wages, as all claims (except the bonus) were brought within statutory time limits and are supported by contract and statutory provisions. The bonus claim was...

Source-derived case information.

Citation
[2010] NIIT 02012_10IT
Parties
Claimant: Thomas Neville Orr; Respondent: Herdmans Limited; Respondent: Herdmans Holdings Limited
Jurisdiction
Northern Ireland
Judgment Date
10 February 2011
Procedural Posture
Industrial Tribunal / Final Decision After Hearing; Respondents Not Present
Outcome
Claim allowed in part; claimant awarded redundancy payment, notice pay (subject to cap), holiday pay, and compensation for unauthorised deduction of wages; bonus claim dismissed as out of time and outside jurisdiction.
Legal Topics
Redundancy Payment, Notice Pay, Holiday Pay, Unauthorised Deduction of Wages, Breach of Contract
Employment Law Redundancy Payment Notice Pay Holiday Pay Unauthorised Deduction of Wages Breach of Contract

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Summary, issues, holding and outcome

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Parties

Thomas Neville Orr

Claimant

Herdmans Limited

Respondent

Herdmans Holdings Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing; Respondents Not Present

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy payment, notice pay, holiday pay, and compensation for unauthorised deduction of wages; whether the claims were brought within the statutory time limits; whether the bonus claim is within jurisdiction and time limits

Ratio Decidendi

The claimant is entitled to redundancy payment, notice pay (subject to tribunal's financial limit), holiday pay, and compensation for unauthorised deduction of wages, as all claims (except the bonus) were brought within statutory time limits and are supported by contract and statutory provisions. The bonus claim was out of time and outside tribunal's financial jurisdiction for breach of contract.

Court Disposition

Claim allowed in part; claimant awarded redundancy payment, notice pay (subject to cap), holiday pay, and compensation for unauthorised deduction of wages; bonus claim dismissed as out of time and outside jurisdiction.

Orders

  • Respondent to pay claimant £148,479.20 in total for redundancy payment, notice pay, holiday pay, and unauthorised deduction of wages.
  • No award for unpaid bonus; claimant may pursue in civil courts if advised.