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
Summary, issues, holding and outcome
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Parties
Martin Duffy
Claimant
Pat Devine Homes Ltd
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Whether the claimant is entitled to redundancy pay
- 2 Whether the claimant is entitled to pay in lieu of notice
- 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.
Full Case Text
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