McErlain v John Simms Resolutions (NI) Ltd Positive Solutions (NI) Ltd [2011] NIIT 00917_11IT (21 December 2011)
The tribunal found that Positive Solutions (NI) Ltd was the correct employer based on documentary evidence and continuity, and awarded the claimant redundancy pay and unpaid wages.
- Citation
- [2011] NIIT 00917_11IT
- Parties
- Claimant: Conor McErlain; Respondent: John Simms; Respondent: Resolutions (NI) Ltd; Respondent: Positive Solutions (NI) Ltd
- Jurisdiction
- Northern Ireland
- Judgment Date
- 21 December 2011
- Procedural Posture
- Industrial Tribunal / Final Judgment
- Outcome
- claim upheld
- Legal Topics
- Redundancy Pay, Unpaid Wages, Employer Identification
Case Brief
Summary, issues, holding and outcome
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Parties
Conor McErlain
Claimant
John Simms
Respondent
Resolutions (NI) Ltd
Respondent
Positive Solutions (NI) Ltd
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment
Legal Issues
- 1 correct identification of employer
- 2 entitlement to redundancy pay
- 3 entitlement to unpaid wages
Ratio Decidendi
The tribunal found that Positive Solutions (NI) Ltd was the correct employer based on documentary evidence and continuity, and awarded the claimant redundancy pay and unpaid wages.
Court Disposition
claim upheld
Orders
- Positive Solutions (NI) Ltd to pay £5,300.26 to claimant for redundancy pay and unpaid wages
Full Case Text
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