McAleenan v RIAS [2005] NIIT 490_05 (3 June 2005)

McAleenan v RIAS [2005] NIIT 490_05 (3 June 2005)

The claimant was dismissed by the respondent and is entitled to four weeks' net basic pay as notice pay under his contract. The respondent's procedures were contractually valid and properly followed; no further breach of contract occurred.

Source-derived case information.

Citation
[2005] NIIT 490_05
Parties
Claimant: James Joseph McAleenan; Respondent: R. I. A. S
Jurisdiction
Northern Ireland
Judgment Date
03 June 2005
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Partially allowed
Legal Topics
Breach of Contract, Notice Pay, Dismissal, Absence Procedures
Employment Law Breach of Contract Notice Pay Dismissal Absence Procedures

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Joseph McAleenan

Claimant

R. I. A. S

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was entitled to four weeks' notice pay under his contract
  2. 2 Whether there was a deduction from wages for the period 1-14 January 2005
  3. 3 Whether the respondent breached the claimant's contract by dismissing him without notice

Ratio Decidendi

The claimant was dismissed by the respondent and is entitled to four weeks' net basic pay as notice pay under his contract. The respondent's procedures were contractually valid and properly followed; no further breach of contract occurred.

Court Disposition

Partially allowed

Orders

  • Respondent to pay claimant four weeks' net basic pay (£675.60) as contractual notice pay, subject to deductions for tax and national insurance.
  • Remaining breach of contract claims dismissed.