Moan v KMR Windows Ltd [2009] NIIT 5863_09IT (27 October 2009)

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

  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'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