McClements v O'Neill [2009] NIIT 665_08IT (14 January 2009)

McClements v O'Neill [2009] NIIT 665_08IT (14 January 2009)

The claimant was dismissed by reason of redundancy and is entitled to a statutory redundancy payment. The claim for notice pay was out of time and not within the tribunal’s jurisdiction.

Citation
[2009] NIIT 665_08IT
Parties
Claimant: Joanne Rowan McClements; Respondent: Liam O’Neill
Jurisdiction
Northern Ireland
Judgment Date
14 January 2009
Procedural Posture
Employment Tribunal / Final Decision
Outcome
partly allowed
Legal Topics
Redundancy Payment, Notice Pay, Jurisdiction, Limitation Period
Employment Law Redundancy Payment Notice Pay Jurisdiction Limitation Period

Case Brief

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Parties

Joanne Rowan McClements

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 and is entitled to a statutory redundancy payment. The claim for notice pay was out of time and not within the tribunal’s jurisdiction.

Court Disposition

partly allowed

Orders

  • Respondent to pay claimant a redundancy payment of £2,708.48
  • Claim for notice pay dismissed