Garvey v Norlect Engineering (UK) Limit... [2011] NIIT 1661_10IT (06 January 2011)

Garvey v Norlect Engineering (UK) Limit... [2011] NIIT 1661_10IT (06 January 2011)

The tribunal found that the parties may not have had a fair opportunity to present evidence and arguments regarding whether the companies were associated employers, constituting a procedural shortcoming. In the interests of justice, the original decision was revoked and a new hearing ordered before a differently constituted tribunal.

Citation
[2011] NIIT 1661
Parties
Claimant: John Garvey; Respondent: Norlect Engineering (UK) Limited
Jurisdiction
Northern Ireland
Judgment Date
06 January 2011
Procedural Posture
Industrial Tribunal Review / Review of Original Tribunal Decision
Outcome
Original tribunal decision revoked; new hearing ordered before a differently constituted tribunal.
Legal Topics
Redundancy Payment, Associated Employers, Procedural Fairness, Review of Tribunal Decision
Employment Law Redundancy Payment Associated Employers Procedural Fairness Review of Tribunal Decision

Case Brief

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Parties

John Garvey

Claimant

Norlect Engineering (UK) Limited

Respondent

Procedural Posture

Industrial Tribunal Review / Review of Original Tribunal Decision

Legal Issues

  1. 1 Whether the original tribunal decision should be reviewed in the interests of justice
  2. 2 Whether Norlect Engineering (UK) Limited and Clanrye Electrical Supplies Limited are associated employers under Article 4 of the Employment Rights (NI) Order 1996
  3. 3 Whether the claimant is entitled to a redundancy payment

Ratio Decidendi

The tribunal found that the parties may not have had a fair opportunity to present evidence and arguments regarding whether the companies were associated employers, constituting a procedural shortcoming. In the interests of justice, the original decision was revoked and a new hearing ordered before a differently constituted tribunal.

Court Disposition

Original tribunal decision revoked; new hearing ordered before a differently constituted tribunal.

Orders

  • The decision of 26 October 2010 is revoked.
  • A new hearing will be held before a differently constituted tribunal.