McKernan v Lee Lavelle Paul Johnston Department for Employment and ... [2011] NIIT 00492_10IT (14 December 2011)

McKernan v Lee Lavelle Paul Johnston Department for Employment and ... [2011] NIIT 00492_10IT (14 December 2011)

Proceedings dismissed due to claimant's non-attendance at resumed hearing, lack of adequate medical evidence for absence, and necessity for oral testimony given evidential discrepancies and cash payments.

Source-derived case information.

Citation
[2011] NIIT 00492_10IT
Parties
Claimant: Brendan McKernan; Respondent: Lee Lavelle; Respondent: Paul Johnston; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
14 December 2011
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Dismissed
Legal Topics
Wages, Holiday Pay, Notice Pay, Redundancy Pay, Statutory Guarantee, Transfer of Undertakings, Procedural Dismissal
Employment Law Wages Holiday Pay Notice Pay Redundancy Pay Statutory Guarantee Transfer of Undertakings Procedural Dismissal

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Summary, issues, holding and outcome

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Parties

Brendan McKernan

Claimant

Lee Lavelle

Respondent

Paul Johnston

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Entitlement to wages, holiday pay, notice pay, redundancy pay
  2. 2 Department's statutory guarantee liability
  3. 3 Application of transfer of undertakings legislation

Ratio Decidendi

Proceedings dismissed due to claimant's non-attendance at resumed hearing, lack of adequate medical evidence for absence, and necessity for oral testimony given evidential discrepancies and cash payments.

Court Disposition

Dismissed

Orders

  • Proceedings dismissed.