Monaghan v Thomas McCartney [2011] NIIT 01930_10IT (22 June 2011)

Monaghan v Thomas McCartney [2011] NIIT 01930_10IT (22 June 2011)

The claimant was dismissed without notice and did not receive pay in lieu of notice. He was entitled to notice pay, calculated as his net wage minus any post-dismissal earnings or social security benefits received during the notice period.

Citation
[2011] NIIT 01930_10IT
Parties
Claimant: Owen Monaghan; Respondent: Thomas McCartney
Jurisdiction
Northern Ireland
Judgment Date
22 June 2011
Procedural Posture
Employment Claim / Final Judgment
Outcome
claim allowed
Legal Topics
Notice Pay, Dismissal Without Notice, Pay in Lieu of Notice
Employment Law Notice Pay Dismissal Without Notice Pay in Lieu of Notice

Case Brief

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Parties

Owen Monaghan

Claimant

Thomas McCartney

Respondent

Procedural Posture

Employment Claim / Final Judgment

Legal Issues

  1. 1 Whether the claimant was entitled to notice pay upon dismissal
  2. 2 Whether the claimant received proper notice or pay in lieu of notice

Ratio Decidendi

The claimant was dismissed without notice and did not receive pay in lieu of notice. He was entitled to notice pay, calculated as his net wage minus any post-dismissal earnings or social security benefits received during the notice period.

Court Disposition

claim allowed

Orders

  • Respondent to pay claimant £302.50 as notice pay