Wylie v WDL developments Limited (In A... [2011] NIIT 00673_11IT (20 June 2011)

Wylie v WDL developments Limited (In A... [2011] NIIT 00673_11IT (20 June 2011)

The claimant was not dismissed by reason of redundancy as work was available at all material times and was refused by the claimant; the dismissal was not attributable to a redundancy situation under Article 174. The claimant was entitled to two weeks' notice pay under Article 118 as he was dismissed without notice.

Citation
[2011] NIIT 00673_11IT
Parties
Claimant: Jason Wylie; Respondent: WDL Developments Limited (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
20 June 2011
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim for redundancy payment dismissed; notice pay awarded
Legal Topics
Redundancy, Dismissal, Notice Pay, Gross Misconduct
Employment Law Redundancy Dismissal Notice Pay Gross Misconduct

Case Brief

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Parties

Jason Wylie

Claimant

WDL Developments Limited (In Administration)

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Was the claimant made redundant from his employment with the respondent?
  2. 2 If the claimant was made redundant, what is his redundancy entitlement?
  3. 3 If the claimant was dismissed, what amount of pay in lieu of notice is he entitled to?

Ratio Decidendi

The claimant was not dismissed by reason of redundancy as work was available at all material times and was refused by the claimant; the dismissal was not attributable to a redundancy situation under Article 174. The claimant was entitled to two weeks' notice pay under Article 118 as he was dismissed without notice.

Court Disposition

claim for redundancy payment dismissed; notice pay awarded

Orders

  • The claimant’s claim for redundancy payment is dismissed.
  • The claimant is awarded £560.00 in respect of notice pay.