Robinson v Lee Lavelle ... [2011] NIIT 00495_10IT (05 December 2011)

Robinson v Lee Lavelle ... [2011] NIIT 00495_10IT (05 December 2011)

No TUPE transfer occurred; Lee Lavelle and Paul Johnston are liable for unpaid wages, holiday pay, notice pay, and redundancy pay. Illegality in contract performance does not bar claims as claimants did not knowingly participate. Department not liable as respondents not formally insolvent.

Citation
[2011] NIIT 00495_10IT
Parties
Claimant: Karl Robinson; Claimant: Robert Shortt; Respondent: Lee Lavelle; Respondent: Paul Johnston; Respondent: Belfast City Sight Seeing Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
05 December 2011
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims against Lee Lavelle and Paul Johnston upheld; claims against Belfast City Sight Seeing Ltd and Department dismissed.
Legal Topics
Redundancy Pay, Unpaid Wages, Holiday Pay, Notice Pay, TUPE, Illegality in Employment Contracts
Employment Law Redundancy Pay Unpaid Wages Holiday Pay Notice Pay TUPE Illegality in Employment Contracts

Case Brief

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Parties

Karl Robinson

Claimant

Robert Shortt

Claimant

Lee Lavelle

Respondent

Paul Johnston

Respondent

Belfast City Sight Seeing Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Entitlement to redundancy pay
  2. 2 Entitlement to unpaid wages
  3. 3 Entitlement to holiday pay

Ratio Decidendi

No TUPE transfer occurred; Lee Lavelle and Paul Johnston are liable for unpaid wages, holiday pay, notice pay, and redundancy pay. Illegality in contract performance does not bar claims as claimants did not knowingly participate. Department not liable as respondents not formally insolvent.

Court Disposition

Claims against Lee Lavelle and Paul Johnston upheld; claims against Belfast City Sight Seeing Ltd and Department dismissed.

Orders

  • Lee Lavelle and Paul Johnston to pay Karl Robinson £1,920 unpaid wages.
  • Lee Lavelle and Paul Johnston to pay Karl Robinson £1,260 holiday pay.