Harkley v KMR Windows Ltd and KMR Window... [2009] NIIT 5136_09IT (27 October 2009)

Harkley v KMR Windows Ltd and KMR Window... [2009] NIIT 5136_09IT (27 October 2009)

The claimant was dismissed due to the respondent's financial difficulties and cessation of trading. The tribunal found the claims for redundancy pay, unpaid wages, holiday pay, and notice pay to be well founded based on the evidence provided by the claimant.

Citation
[2009] NIIT 5136_09IT
Parties
Claimant: Mark Harkley; Respondent: KMR Windows Ltd; Respondent: KMR Windows
Jurisdiction
Northern Ireland
Judgment Date
27 October 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims for redundancy pay, unpaid wages, holiday pay, and notice pay upheld against KMR Windows Ltd. KMR Windows dismissed from proceedings.
Legal Topics
Redundancy Pay, Unpaid Wages, Holiday Pay, Notice Pay, Dismissal, Employer Insolvency
Employment Law Redundancy Pay Unpaid Wages Holiday Pay Notice Pay Dismissal Employer Insolvency

Case Brief

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Parties

Mark Harkley

Claimant

KMR Windows Ltd

Respondent

KMR Windows

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy pay
  2. 2 Whether the claimant is entitled to unpaid wages
  3. 3 Whether the claimant is entitled to holiday pay

Ratio Decidendi

The claimant was dismissed due to the respondent's financial difficulties and cessation of trading. The tribunal found the claims for redundancy pay, unpaid wages, holiday pay, and notice pay to be well founded based on the evidence provided by the claimant.

Court Disposition

Claims for redundancy pay, unpaid wages, holiday pay, and notice pay upheld against KMR Windows Ltd. KMR Windows dismissed from proceedings.

Orders

  • KMR Windows Ltd to pay £1,960 to the claimant for redundancy pay.
  • KMR Windows Ltd to pay £225 to the claimant for unpaid wages.