Kinnaird v John Conlon T/A Renowned Build... [2011] NIIT 2297_10IT (12 January 2011)
The tribunal found the claimant was made redundant and entitled to redundancy payment based on continuous employment and the respondent's admission of redundancy and inability to pay.
Source-derived case information.
- Citation
- [2011] NIIT 2297_10IT
- Parties
- Claimant: Christopher Gerard Kinnaird; Respondent: John Conlon T/A Renowned Building Services
- Jurisdiction
- Northern Ireland
- Judgment Date
- 12 January 2011
- Procedural Posture
- Industrial Tribunal / Final Decision
- Outcome
- Claim allowed
- Legal Topics
- Redundancy, Redundancy Payment, Unfair Dismissal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Gerard Kinnaird
Claimant
John Conlon T/A Renowned Building Services
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Whether the claimant was made redundant
- 2 Whether the claimant is entitled to redundancy payment
Ratio Decidendi
The tribunal found the claimant was made redundant and entitled to redundancy payment based on continuous employment and the respondent's admission of redundancy and inability to pay.
Court Disposition
Claim allowed
Orders
- Respondent to pay claimant £7,790 redundancy pay
Full Case Text
Judgment text and source record
1 paragraphs
2297_10IT Kinnaird v John Conlon T/A Renowned Build... [2011] NIIT 2297_10IT (12 January 2011) [ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Industrial Tribunals Northern Ireland Decisions You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kinnaird v John Conlon T/A Renowned Build... [2011] NIIT 2297_10IT (12 January 2011) URL: https://www.bailii.org/nie/cases/NIIT/2011/2297_10IT.html Cite as: [2011] NIIT 2297_10IT [ New search ] [ Printable RTF version ] [ Help ] THE INDUSTRIAL TRIBUNALS CASE REF: 2297/10 CLAIMANT: Christopher Gerard Kinnaird RESPONDENT: John Conlon T/A Renowned Building Services DECISION The decision of the tribunal is that the claimant was made redundant and that the respondent is ordered to pay the claimant £7,790 redundancy pay. Constitution of Tribunal: Chairman (sitting alone): Ms Petra Sheils Appearances: The claimant appeared and was represented by Mr Reg Rankin of Breen Rankin Lenzi, Solicitors. The respondent did not appear and was not represented. THE CLAIM AND THE RESPONSE 1. The claimant lodged a claim on 20 September 2010 for redundancy payment. 2. The respondent did not present a response. However, the respondent wrote to the office of the claimant’s representative on 20 November 2010 advising that the claimant had been made redundant, that the company had been wound up in July 2010 and that he was not in a position to pay any redundancy monies. THE HEARING 3. The tribunal heard evidence from the claimant and found the following facts:- a. The claimant whose date of birth is 31 January 1968, worked for the respondent since leaving school in January 1984. He was employed continuously by the respondent as a Joiner and remained in his employment until June 2010. b. In June 2010 the respondent spoke to the claimant and told him that the business was in financial difficulties. The claimant asked the respondent about net pay but the respondent advised the claimant that although he accepted the claimant was entitled to a net pay he, the respondent was unable to pay him any redundancy monies. THE TRIBUNAL’S CONCLUSION 4. The tribunal found that the claimant had been made redundant and was entitled to receive payment:- £380 x 19 x 1 £380 x 1 x 1½ Total: £7,790 Accordingly the tribunal orders the respondent to pay the claimant £7,790 redundancy. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990. Chairman: Date and place of hearing: 7 December 2010, Belfast. Date decision recorded in register and issued to parties: BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/nie/cases/NIIT/2011/2297_10IT.html