Johnston v Cousins (t/a Mallusk Accident & Repair Centre) [2007] NIIT 1701_05 (08 February 2007)

Johnston v Cousins (t/a Mallusk Accident & Repair Centre) [2007] NIIT 1701_05 (08 February 2007)

Claimant was entitled to one week's outstanding wages as he had not been paid for a 'lying week'; claims for redundancy payment, holiday pay, and notice pay dismissed as conditions for entitlement were not met.

Citation
[2007] NIIT 1701_05
Parties
Claimant: Stephen Johnston; First Respondent: Nigel Cousins t/a Mallusk Accident & Repair Centre; Second Respondent: Redundancy Payments Service
Jurisdiction
Northern Ireland
Judgment Date
08 February 2007
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
partly allowed
Legal Topics
Redundancy Payment, Notice Pay, Holiday Pay, Outstanding Wages
Employment Law Redundancy Payment Notice Pay Holiday Pay Outstanding Wages

Case Brief

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Parties

Stephen Johnston

Claimant

Nigel Cousins t/a Mallusk Accident & Repair Centre

First Respondent

Redundancy Payments Service

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 entitlement to redundancy payment
  2. 2 entitlement to notice pay
  3. 3 entitlement to holiday pay

Ratio Decidendi

Claimant was entitled to one week's outstanding wages as he had not been paid for a 'lying week'; claims for redundancy payment, holiday pay, and notice pay dismissed as conditions for entitlement were not met.

Court Disposition

partly allowed

Orders

  • Claimant to be paid £350.00 in respect of outstanding wages
  • Claims for redundancy payment, holiday pay, and notice pay dismissed