Martin v Systems Encore Ltd Systems Encore Ltd Department for Employment and ... [2012] NIIT 02597_11IT (23 January 2012)

Martin v Systems Encore Ltd Systems Encore Ltd Department for Employment and ... [2012] NIIT 02597_11IT (23 January 2012)

Claims for unpaid wages, holiday pay, notice pay, and redundancy payment against the employer are well-founded; Department is not liable for statutory guarantee payments unless employer is formally insolvent.

Citation
[2012] NIIT 02597_11IT
Parties
Claimant: Zena Martin; Claimant: Heather Isobel Crow; Respondent: Systems Encore Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
23 January 2012
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claims against employer upheld; Crow's statutory guarantee appeals against Department dismissed.
Legal Topics
Unpaid Wages, Holiday Pay, Notice Pay, Redundancy Payment, Statutory Guarantee, Employer Insolvency
Employment Law Unpaid Wages Holiday Pay Notice Pay Redundancy Payment Statutory Guarantee Employer Insolvency

Case Brief

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Parties

Zena Martin

Claimant

Heather Isobel Crow

Claimant

Systems Encore Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Entitlement to unpaid wages, holiday pay, notice pay, and redundancy payment
  2. 2 Department's liability as statutory guarantor
  3. 3 Calculation of notice pay and redundancy pay

Ratio Decidendi

Claims for unpaid wages, holiday pay, notice pay, and redundancy payment against the employer are well-founded; Department is not liable for statutory guarantee payments unless employer is formally insolvent.

Court Disposition

Claims against employer upheld; Crow's statutory guarantee appeals against Department dismissed.

Orders

  • Employer to pay Martin £1,022 for wages, £55 for holiday pay, £730 for notice pay, and £1,369 for redundancy payment.
  • Employer to pay Crow £1,353 for wages, £226 for holiday pay, £2,500 for notice pay, and £4,761 for redundancy payment.