McCormick v Gallagher & Anor [2005] NIIT 9584_03 (28 June 2005)

The tribunal lacked jurisdiction to award further notice pay against the bankrupt first respondent; all sums due from the second respondent had been paid.

Citation: [2005] NIIT 9584_03
Parties: Claimant: Bronagh Nyree McCormick; First Respondent: Desmond T Gallagher (formerly t/a G K Architects); Second Respondent: Department for Employment & Learning
Jurisdiction: Northern Ireland
Judgment Date: 28 June 2005
Procedural Posture: Employment Claim / Final Decision
Outcome: claim dismissed
Legal Topics: Notice Pay, Breach of Contract, Redundancy Pay, National Insurance Fund, Bankruptcy, Jurisdiction

Employment Law Insolvency Law Notice Pay Breach of Contract Redundancy Pay National Insurance Fund Bankruptcy Jurisdiction

Case Brief

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Parties

Bronagh Nyree McCormick

Claimant

Desmond T Gallagher (formerly t/a G K Architects)

First Respondent

Department for Employment & Learning

Second Respondent

Procedural Posture

Employment Claim / Final Decision

Legal Issues

1 Whether the claimant was owed three further weeks' notice pay by the first respondent due to breach of contract
2 Whether any further sums were due to the claimant from the second respondent under Articles 227 and 229 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The tribunal lacked jurisdiction to award further notice pay against the bankrupt first respondent; all sums due from the second respondent had been paid.

Court Disposition

claim dismissed

Orders

No further sum payable by the second respondent to the claimant.
Claim for breach of contract against the first respondent must be pursued in the High Court under insolvency law.