Brown v John Robertson (Belfast) Ltd & Anor [2005] NIIT 2174_04 (26 April 2005)

Brown v John Robertson (Belfast) Ltd & Anor [2005] NIIT 2174_04 (26 April 2005)

The tribunal found it just and equitable to allow the redundancy payment as the claimant's delay was due to a genuine but mistaken belief about her entitlement, and she acted promptly once aware of her rights.

Citation
[2005] NIIT 2174_04
Parties
Claimant: Margaret George Brown; First Respondent: John Robertson (Belfast) Ltd (In Liquidation); Second Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
26 April 2005
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Payment, Limitation Period, Just and Equitable Extension
Employment Law Redundancy Payment Limitation Period Just and Equitable Extension

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Margaret George Brown

Claimant

John Robertson (Belfast) Ltd (In Liquidation)

First Respondent

Department for Employment & Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment from the second respondent despite submitting her claim outside the statutory six-month period.

Ratio Decidendi

The tribunal found it just and equitable to allow the redundancy payment as the claimant's delay was due to a genuine but mistaken belief about her entitlement, and she acted promptly once aware of her rights.

Court Disposition

claim allowed

Orders

  • The claimant is entitled to a redundancy payment of £715.00.