McAuley v O'Neill [2009] NIIT 794_08IT (14 January 2009)

McAuley v O'Neill [2009] NIIT 794_08IT (14 January 2009)

The claimant was dismissed by reason of redundancy as the respondent ceased business, entitling her to a statutory redundancy payment. The claim for notice pay was out of time and the tribunal lacked jurisdiction to hear it.

Citation
[2009] NIIT 794_08IT
Parties
Claimant: Veronica McAuley; Respondent: Liam O’Neill
Jurisdiction
Northern Ireland
Judgment Date
14 January 2009
Procedural Posture
Employment Tribunal / Final Decision
Outcome
partially allowed
Legal Topics
Redundancy Payment, Notice Pay, Jurisdiction, Limitation Period
Employment Law Redundancy Payment Notice Pay Jurisdiction Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

Veronica McAuley

Claimant

Liam O’Neill

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment
  2. 2 Whether the claimant is entitled to pay in lieu of notice

Ratio Decidendi

The claimant was dismissed by reason of redundancy as the respondent ceased business, entitling her to a statutory redundancy payment. The claim for notice pay was out of time and the tribunal lacked jurisdiction to hear it.

Court Disposition

partially allowed

Orders

  • Respondent to pay claimant a redundancy payment of £1,076.40
  • Claim for notice pay dismissed