Duffy v Pat Devine Homes Ltd [2009] NIIT 6798_09IT (18 December 2009)

Duffy v Pat Devine Homes Ltd [2009] NIIT 6798_09IT (18 December 2009)

The claimant was dismissed for redundancy, entitling him to redundancy pay; he was not given statutory notice, entitling him to pay in lieu of notice; and he was owed a 'lying week' of wages, all of which were well founded and supported by the evidence and statutory provisions.

Citation
[2009] NIIT 6798_09IT
Parties
Claimant: Martin Duffy; Respondent: Pat Devine Homes Ltd
Jurisdiction
Northern Ireland
Judgment Date
18 December 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims for redundancy pay, pay in lieu of notice, and unauthorised deduction of wages are well founded.
Legal Topics
Redundancy, Pay in Lieu of Notice, Unauthorised Deduction of Wages

Case Brief

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Parties

Martin Duffy

Claimant

Pat Devine Homes Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

  1. 1 Whether the claimant is entitled to redundancy pay
  2. 2 Whether the claimant is entitled to pay in lieu of notice
  3. 3 Whether the claimant is entitled to unpaid wages (lying week)

Ratio Decidendi

The claimant was dismissed for redundancy, entitling him to redundancy pay; he was not given statutory notice, entitling him to pay in lieu of notice; and he was owed a 'lying week' of wages, all of which were well founded and supported by the evidence and statutory provisions.

Court Disposition

Claims for redundancy pay, pay in lieu of notice, and unauthorised deduction of wages are well founded.

Orders

  • Respondent to pay claimant £1,254.00 as pay in lieu of notice.
  • Respondent to pay claimant £1,400.00 as redundancy pay.