McAllister v Road and Sea Express Group Ltd & Anor [2007] NIIT 198_06 (05 April 2007)

McAllister v Road and Sea Express Group Ltd & Anor [2007] NIIT 198_06 (05 April 2007)

Tribunal found claimant made every effort to pursue claim and delay was due to lack of information regarding liquidator; it was just and equitable to allow late claim for redundancy payment.

Citation
[2007] NIIT 198_06
Parties
Claimant: Martin Anthony McAllister; First Respondent: Road and Sea Express Group Ltd; Second Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
05 April 2007
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Payment, Statutory Time Limits, Arrears of Pay, Holiday Pay, Insolvency
Employment Law Redundancy Payment Statutory Time Limits Arrears of Pay Holiday Pay Insolvency

Case Brief

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Parties

Martin Anthony McAllister

Claimant

Road and Sea Express Group Ltd

First Respondent

Department for Employment and Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 entitlement to redundancy payment
  2. 2 entitlement to outstanding wages
  3. 3 entitlement to holiday pay

Ratio Decidendi

Tribunal found claimant made every effort to pursue claim and delay was due to lack of information regarding liquidator; it was just and equitable to allow late claim for redundancy payment.

Court Disposition

claim allowed

Orders

  • Second respondent to pay claimant redundancy payment of £1,680.
  • Second respondent to pay claimant arrears of pay of £280.