Pawlouski v Michael Young Younger Homes Ltd [2011] NIIT 02824_10IT (10 June 2011)

Pawlouski v Michael Young Younger Homes Ltd [2011] NIIT 02824_10IT (10 June 2011)

The claimant was employed by Younger Homes Ltd, was laid off, gave proper notice, and satisfied statutory requirements for redundancy payment. No further notice pay was due as the claimant was not available for work during the relevant period and had already received payments exceeding any entitlement.

Citation
[2011] NIIT 02824_10IT
Parties
Claimant: Marcin Pawlouski; Respondent: Michael Young; Respondent: Younger Homes Ltd
Jurisdiction
Northern Ireland
Judgment Date
10 June 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part; redundancy payment awarded; claim for notice pay dismissed.
Legal Topics
Redundancy Payment, Lay Off, Notice Pay, Breach of Contract
Employment Law Redundancy Payment Lay Off Notice Pay Breach of Contract

Case Brief

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Parties

Marcin Pawlouski

Claimant

Michael Young

Respondent

Younger Homes 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 Was the claimant eligible for redundancy payment by reason of being laid off?
  3. 3 What amount of redundancy payment was due?

Ratio Decidendi

The claimant was employed by Younger Homes Ltd, was laid off, gave proper notice, and satisfied statutory requirements for redundancy payment. No further notice pay was due as the claimant was not available for work during the relevant period and had already received payments exceeding any entitlement.

Court Disposition

Claim allowed in part; redundancy payment awarded; claim for notice pay dismissed.

Orders

  • First named respondent (Michael Young) dismissed from proceedings.
  • Second named respondent (Younger Homes Ltd) to pay claimant £1,422.00.