Donnelly v Raven Services Realisations Lt... [2013] NIIT 00256_13IT (05 June 2013)

Donnelly v Raven Services Realisations Lt... [2013] NIIT 00256_13IT (05 June 2013)

The claimant's ignorance of his entitlement to make a protective award complaint was reasonable, making it not reasonably practicable to comply with the primary time-limit; the further period before bringing the claim was also reasonable. The complaint is well-founded and a protective award is granted for a 90-day protected period.

Citation
[2013] NIIT 00256_13IT
Parties
Claimant: Stephen Donnelly; Respondent: Raven Services Realisations Ltd
Jurisdiction
Northern Ireland
Judgment Date
05 June 2013
Procedural Posture
Protective Award Complaint / Final Decision
Outcome
complaint upheld; protective award granted
Legal Topics
Protective Award, Collective Redundancy, Time Limits, Collective Consultation, Recoupment
Employment Law Protective Award Collective Redundancy Time Limits Collective Consultation Recoupment

Case Brief

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Parties

Stephen Donnelly

Claimant

Raven Services Realisations Ltd

Respondent

Procedural Posture

Protective Award Complaint / Final Decision

Legal Issues

  1. 1 Whether the claimant's complaint for a protective award is well-founded
  2. 2 Whether the claim was brought within the applicable time limits or if it was not reasonably practicable to do so
  3. 3 Whether the claimant's ignorance of his legal rights was reasonable

Ratio Decidendi

The claimant's ignorance of his entitlement to make a protective award complaint was reasonable, making it not reasonably practicable to comply with the primary time-limit; the further period before bringing the claim was also reasonable. The complaint is well-founded and a protective award is granted for a 90-day protected period.

Court Disposition

complaint upheld; protective award granted

Orders

  • Respondent to pay remuneration for the protected period of 90 days beginning 1 August 2012
  • Recoupment procedures to be followed as per statutory requirements