Starrs v Jack and Jill Playcare Limite... [2008] NIIT 229_08IT (16 July 2008)

Starrs v Jack and Jill Playcare Limite... [2008] NIIT 229_08IT (16 July 2008)

The claimant is entitled to unpaid wages, notice pay, and accrued holiday pay from the company, but not from the individual respondents or the Department, as the company is not insolvent within the statutory meaning.

Citation
[2008] NIIT 229_08IT
Parties
Claimant: Ciara Louise McKinley; Respondent: Marc McGerty; Respondent: Stephanie McLaughlin; Respondent: Jack and Jill Playcare (Ballycastle) Ltd; Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
16 July 2008
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim against the company upheld; claims against other respondents dismissed.
Legal Topics
Unpaid Wages, Notice Pay, Holiday Pay, Insolvency, Employment Termination
Employment Law Unpaid Wages Notice Pay Holiday Pay Insolvency Employment Termination

Case Brief

Summary, issues, holding and outcome

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Parties

Ciara Louise McKinley

Claimant

Marc McGerty

Respondent

Stephanie McLaughlin

Respondent

Jack and Jill Playcare (Ballycastle) Ltd

Respondent

Department for Employment & Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to unpaid wages, notice pay, and accrued holiday pay from the employer
  2. 2 Whether the Department for Employment & Learning is liable for payment under Article 227 of the 1996 Order
  3. 3 Whether claims against individual respondents are sustainable

Ratio Decidendi

The claimant is entitled to unpaid wages, notice pay, and accrued holiday pay from the company, but not from the individual respondents or the Department, as the company is not insolvent within the statutory meaning.

Court Disposition

Claim against the company upheld; claims against other respondents dismissed.

Orders

  • The company shall pay the claimant £745.
  • Claims against other respondents are dismissed.