Menice v KPL Contracts Ltd (In Administ... [2015] NIIT 00800_15IT (20 August 2015)

Menice v KPL Contracts Ltd (In Administ... [2015] NIIT 00800_15IT (20 August 2015)

The claimant was within the scope of the protective award, the employer failed to pay remuneration due, and the claim was brought within a further period considered reasonable given the circumstances and reasons for delay. Therefore, the claim under Article 220 is well-founded.

Citation
[2015] NIIT 00800_15IT
Parties
Claimant: Frank Desmond Menice; Respondent: KPL Contracts Ltd (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
20 August 2015
Procedural Posture
Employment Tribunal / Liability Determination Under Article 220 of the Employment Rights (northern Ireland) Order 1996
Outcome
claim allowed
Legal Topics
Protective Award, Redundancy, Collective Consultation, Statutory Time Limits, Employment Debts
Employment Law Protective Award Redundancy Collective Consultation Statutory Time Limits Employment Debts

Case Brief

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Parties

Frank Desmond Menice

Claimant

KPL Contracts Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal / Liability Determination Under Article 220 of the Employment Rights (northern Ireland) Order 1996

Legal Issues

  1. 1 Whether the claimant was within the scope of the protective award
  2. 2 Whether the employer failed to pay remuneration due under the protective award
  3. 3 Whether the Article 220 claim was made within the statutory time-limit

Ratio Decidendi

The claimant was within the scope of the protective award, the employer failed to pay remuneration due, and the claim was brought within a further period considered reasonable given the circumstances and reasons for delay. Therefore, the claim under Article 220 is well-founded.

Court Disposition

claim allowed

Orders

  • The claimant's claim under Article 220 of the Employment Rights Order 1996 is well-founded.
  • The amount due to the claimant will be determined at a further hearing if necessary.