Moan v KMR Windows Ltd [2009] NIIT 5863_09IT (27 October 2009)
The claimant's claims are well founded as he was dismissed due to the company's financial difficulties, the company ceased trading, and the respondent did not contest the claims. The claimant is entitled to redundancy pay, unpaid wages, holiday pay, and notice pay, with deductions for jobseeker's allowance received during the notice period.
- Citation
- [2009] NIIT 5863_09IT
- Parties
- Claimant: David Moan; Respondent: KMR Windows Ltd
- 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 are upheld.
- Legal Topics
- Redundancy Pay, Unpaid Wages, Holiday Pay, Notice Pay
Case Brief
Summary, issues, holding and outcome
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Parties
David Moan
Claimant
KMR Windows Ltd
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Whether the claimant is entitled to redundancy pay
- 2 Whether the claimant is entitled to unpaid wages
- 3 Whether the claimant is entitled to holiday pay
Ratio Decidendi
The claimant's claims are well founded as he was dismissed due to the company's financial difficulties, the company ceased trading, and the respondent did not contest the claims. The claimant is entitled to redundancy pay, unpaid wages, holiday pay, and notice pay, with deductions for jobseeker's allowance received during the notice period.
Court Disposition
Claims for redundancy pay, unpaid wages, holiday pay, and notice pay are upheld.
Orders
- Respondent to pay claimant £2700 for redundancy pay
- Respondent to pay claimant £240 for unpaid wages
Full Case Text
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