McKenna v Michael McNeill MDC Tiles & Bathrooms Ltd [2011] NIIT 00729_11IT (05 July 2011)

McKenna v Michael McNeill MDC Tiles & Bathrooms Ltd [2011] NIIT 00729_11IT (05 July 2011)

The claimant was employed by MDC Tiles & Bathrooms Ltd, not Michael McNeill personally. The effective date of termination was 27 August 2010, when the claimant registered for full-time jobseeker’s allowance, as the respondent failed to communicate clear dismissal or provide a P45. The claimant was entitled to redundancy pay and holiday pay, calculated on the basis of average weekly wage and statutory entitlements. The respondent’s counterclaim for damages failed due to lack of contractual basis and proof.

Citation
[2011] NIIT 00729_11IT
Parties
Claimant: Patrick McKenna; Respondent: Michael McNeill; Respondent: MDC Tiles & Bathrooms Ltd
Jurisdiction
Northern Ireland
Judgment Date
05 July 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part; counterclaim dismissed.
Legal Topics
Redundancy, Holiday Pay, Termination of Employment, Notice Periods, Counterclaim for Damages
Employment Law Redundancy Holiday Pay Termination of Employment Notice Periods Counterclaim for Damages

Case Brief

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Parties

Patrick McKenna

Claimant

Michael McNeill

Respondent

MDC Tiles & Bathrooms Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Who was the claimant’s employer at the effective date of termination?
  2. 2 What was the effective date of termination?
  3. 3 Was the claimant eligible for redundancy payment?

Ratio Decidendi

The claimant was employed by MDC Tiles & Bathrooms Ltd, not Michael McNeill personally. The effective date of termination was 27 August 2010, when the claimant registered for full-time jobseeker’s allowance, as the respondent failed to communicate clear dismissal or provide a P45. The claimant was entitled to redundancy pay and holiday pay, calculated on the basis of average weekly wage and statutory entitlements. The respondent’s counterclaim for damages failed due to lack of contractual basis and proof.

Court Disposition

Claim allowed in part; counterclaim dismissed.

Orders

  • First named respondent (Michael McNeill) dismissed from proceedings.
  • Second named respondent (MDC Tiles & Bathrooms Ltd) to pay claimant £472.50 for redundancy pay.