Sweeney v Robert McCausland t/a Down Win... [2013] NIIT 1792_13IT (05 December 2013)

Sweeney v Robert McCausland t/a Down Win... [2013] NIIT 1792_13IT (05 December 2013)

The tribunal found it just and equitable to allow the claim within the extended limitation period due to the claimant's reliance on the respondent's promises and good relationship, and awarded the statutory redundancy payment.

Citation
[2013] NIIT 1792_13IT
Parties
Claimant: Malachy Sweeney; Respondent: Robert McCausland t/a Down Windows Systems
Jurisdiction
Northern Ireland
Judgment Date
05 December 2013
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Payment, Limitation Period, Statutory Entitlement
Employment Law Redundancy Payment Limitation Period Statutory Entitlement

Case Brief

Summary, issues, holding and outcome

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Parties

Malachy Sweeney

Claimant

Robert McCausland t/a Down Windows Systems

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment under Article 199 of the Employment Rights (Northern Ireland) Order 1996 despite filing outside the initial six-month period.
  2. 2 Whether it is just and equitable to allow the claim within the extended limitation period.

Ratio Decidendi

The tribunal found it just and equitable to allow the claim within the extended limitation period due to the claimant's reliance on the respondent's promises and good relationship, and awarded the statutory redundancy payment.

Court Disposition

claim allowed

Orders

  • Respondent's title amended to Robert McCausland t/a Down Windows Systems.
  • Respondent to pay claimant £5,108.40 as redundancy payment.