Krkoska v Paul McAleer t/a Sperrin Engin... [2012] NIIT 00873_11IT (19 June 2012)

Krkoska v Paul McAleer t/a Sperrin Engin... [2012] NIIT 00873_11IT (19 June 2012)

The respondent failed to follow the statutory dismissal procedure, resulting in the claimant's dismissal being automatically unfair. The claimant was entitled to compensation, unpaid wages for a 'lying week', and notice pay. The respondent's non-compliance warranted a 50% uplift in the compensatory award.

Citation
[2012] NIIT 00873_11IT
Parties
Claimant: Dusan Krkoska; Respondent: Paul McAleer t/a Sperrin Engineering
Jurisdiction
Northern Ireland
Judgment Date
19 June 2012
Procedural Posture
Industrial Tribunal Unfair Dismissal / Final Decision
Outcome
Claimant succeeded; unfair dismissal established.
Legal Topics
Unfair Dismissal, Statutory Dismissal Procedure, Notice Pay, Redundancy Payment, Unpaid Wages
Employment Law Unfair Dismissal Statutory Dismissal Procedure Notice Pay Redundancy Payment Unpaid Wages

Case Brief

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Parties

Dusan Krkoska

Claimant

Paul McAleer t/a Sperrin Engineering

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Final Decision

Legal Issues

  1. 1 Whether the claimant was dismissed by the respondent
  2. 2 Whether the statutory dismissal procedure was followed
  3. 3 Whether the dismissal was automatically unfair

Ratio Decidendi

The respondent failed to follow the statutory dismissal procedure, resulting in the claimant's dismissal being automatically unfair. The claimant was entitled to compensation, unpaid wages for a 'lying week', and notice pay. The respondent's non-compliance warranted a 50% uplift in the compensatory award.

Court Disposition

Claimant succeeded; unfair dismissal established.

Orders

  • Respondent to pay claimant £11,258.00 as compensation for unfair dismissal.
  • Respondent to pay claimant £250.00 for unpaid wages ('lying week').