McAuley v O'Neill [2009] NIIT 694_08IT (14 January 2009)

McAuley v O'Neill [2009] NIIT 694_08IT (14 January 2009)

Claimant was dismissed by reason of redundancy as respondent ceased business; claimant entitled to redundancy payment calculated per statutory formula. Tribunal lacks jurisdiction for notice pay claim as it was presented out of time.

Citation
[2009] NIIT 694_08IT
Parties
Claimant: Bridie Ann McAuley; Respondent: Liam O’Neill
Jurisdiction
Northern Ireland
Judgment Date
14 January 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
partly allowed
Legal Topics
Redundancy Payment, Notice Pay, Jurisdiction, Time Limits
Employment Law Redundancy Payment Notice Pay Jurisdiction Time Limits

Case Brief

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Parties

Bridie Ann McAuley

Claimant

Liam O’Neill

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 entitlement to redundancy payment
  2. 2 entitlement to pay in lieu of notice
  3. 3 tribunal jurisdiction for contract claim

Ratio Decidendi

Claimant was dismissed by reason of redundancy as respondent ceased business; claimant entitled to redundancy payment calculated per statutory formula. Tribunal lacks jurisdiction for notice pay claim as it was presented out of time.

Court Disposition

partly allowed

Orders

  • Respondent shall pay claimant a redundancy payment of £3,679.65.
  • Claimant’s claim for notice pay is dismissed.