McCann v Seamus Toner Seamus Toner TMA Contracts Ltd Seamus Toner Niall McAllister [2012] NIIT 00311_12IT (27 June 2012)

McCann v Seamus Toner Seamus Toner TMA Contracts Ltd Seamus Toner Niall McAllister [2012] NIIT 00311_12IT (27 June 2012)

Claims against TMA Contracts Ltd and Niall McAllister dismissed as not well-founded due to lack of employment or partnership liability at relevant times. Claims against Seamus Toner for holiday pay, notice pay, and redundancy pay upheld based on oral testimony and respondent's endorsement. Redundancy and notice pay calculated per statutory and common law principles.

Citation
[2012] NIIT 00311_12IT
Parties
Claimant: Lyndsay Kyle; Claimant: Roisin McCann; Claimant: Kevin Kearney; Respondent: TMA Contracts Ltd; Respondent: Seamus Toner; Respondent: Niall McAllister
Jurisdiction
Northern Ireland
Judgment Date
27 June 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims against TMA Contracts Ltd and Niall McAllister dismissed. Claims against Seamus Toner for holiday pay, notice pay, and redundancy pay upheld.
Legal Topics
Redundancy Pay, Notice Pay, Holiday Pay, Partnership Liability, Employment Termination
Employment Law Redundancy Pay Notice Pay Holiday Pay Partnership Liability Employment Termination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Lyndsay Kyle

Claimant

Roisin McCann

Claimant

Kevin Kearney

Claimant

TMA Contracts Ltd

Respondent

Seamus Toner

Respondent

Niall McAllister

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to redundancy pay
  2. 2 Entitlement to notice pay
  3. 3 Entitlement to holiday pay

Ratio Decidendi

Claims against TMA Contracts Ltd and Niall McAllister dismissed as not well-founded due to lack of employment or partnership liability at relevant times. Claims against Seamus Toner for holiday pay, notice pay, and redundancy pay upheld based on oral testimony and respondent's endorsement. Redundancy and notice pay calculated per statutory and common law principles.

Court Disposition

Claims against TMA Contracts Ltd and Niall McAllister dismissed. Claims against Seamus Toner for holiday pay, notice pay, and redundancy pay upheld.

Orders

  • Seamus Toner to pay Lyndsay Kyle £720 for holiday pay.
  • Seamus Toner to pay Lyndsay Kyle £300 for notice pay.