Communication Workers Union v Trivirix International Ltd [2007] NIIT 585_06 (30 July 2007)

Communication Workers Union v Trivirix International Ltd [2007] NIIT 585_06 (30 July 2007)

The first respondent failed to comply with its statutory duty to consult under Article 216, did not prove special circumstances or reasonable efforts to comply, and thus the claimant is entitled to a declaration and a 90-day protective award for the affected employees.

Citation
[2007] NIIT 585_06
Parties
Claimant: Communication Workers Union; First Respondent: Trivirix International Limited (in administration); Second Respondent: Redundancy Payments Branch
Jurisdiction
Northern Ireland
Judgment Date
30 July 2007
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Consultation, Protective Award, Statutory Duty to Consult, Collective Redundancies
Employment Law Labour Law Redundancy Consultation Protective Award Statutory Duty to Consult Collective Redundancies

Case Brief

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Parties

Communication Workers Union

Claimant

Trivirix International Limited (in administration)

First Respondent

Redundancy Payments Branch

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the first respondent discharged its statutory duty of consultation under Article 216 of The Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether a protective award should be made under Article 217(2) of The Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The first respondent failed to comply with its statutory duty to consult under Article 216, did not prove special circumstances or reasonable efforts to comply, and thus the claimant is entitled to a declaration and a 90-day protective award for the affected employees.

Court Disposition

claim allowed

Orders

  • Declaration that the first respondent failed to comply with its statutory duty of consultation under Article 216 of The Employment Rights (Northern Ireland) Order 1996
  • Protective award for a period of 90 days to the redundant employees represented by the claimant