Godding v Cousins & Anor (t/a Mallusk Accident & Repair Centre) [2006] NIIT 167_06 (7 December 2006)

Godding v Cousins & Anor (t/a Mallusk Accident & Repair Centre) [2006] NIIT 167_06 (7 December 2006)

The tribunal found the claimant was an employee at the relevant time and entitled to redundancy payment, notice pay, and outstanding wages due to the absence of evidence terminating the employment relationship before the respondent ceased trading.

Citation
[2006] NIIT 167_06
Parties
Claimant: Edward Godding; First Respondent: Nigel Cousins t/a Mallusk Accident & Repair Centre; Second Respondent: Redundancy Payments Service
Jurisdiction
Northern Ireland
Judgment Date
07 December 2006
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed in part
Legal Topics
Redundancy Payment, Notice Pay, Outstanding Wages, Employee Status, Termination of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Edward Godding

Claimant

Nigel Cousins t/a Mallusk Accident & Repair Centre

First Respondent

Redundancy Payments Service

Second Respondent

Procedural Posture

Employment Tribunal / Final Decision

  1. 1 Whether the claimant was an employee at the relevant time
  2. 2 Whether the claimant is entitled to redundancy payment, notice pay, and outstanding wages

Ratio Decidendi

The tribunal found the claimant was an employee at the relevant time and entitled to redundancy payment, notice pay, and outstanding wages due to the absence of evidence terminating the employment relationship before the respondent ceased trading.

Court Disposition

claim allowed in part

Orders

  • First respondent to pay claimant £3,920.00 by way of redundancy payment
  • First respondent to pay claimant £2,640.00 by way of notice pay