Dobbin v Taylors Bros Civil Engineers Ltd [2002] NIIT 1468_02 (6 December 2002)

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URL: http://www.bailii.org/nie/cases/NIIT/2002/1468_02.html
Cite as: [2002] NIIT 1468_02, [2002] NIIT 1468_2

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 1468/02

    APPLICANT: Dominic Dobbin

    RESPONDENT: Taylors Bros Civil Engineers Limited

    DECISION

    Summary reasons

    It is the unanimous decision of the Tribunal that the applicant is entitled to receive a redundancy payment in the sum of £990.00. At hearing the applicant tried to assert an entitlement to a claim to notice payment. As the Originating Application was lodged outside the three month period contemplated by the Employment Rights (Northern Ireland) Order 1996 for a claim of this nature, and the Tribunal found that it would have been reasonably practicable for the claim to have been brought within that period, the Tribunal dismissed this element of the applicant's claim.

    Appearances:

    The applicant appeared in person and represented himself.

    The respondent did not appear and did not instruct any representation. The respondent did not enter any Notice of Appearance.

    The tribunal found the following facts:-

  1. The applicant was dismissed by the respondent in or around 18 January 2002.

  2. As the applicant had been employed by the respondent from March 1997 to 18 January 2002 he had four completed years of service with the respondent.

  3. The applicant was 42 years of age at the time of his termination of employment, and thus his situation attracts a multiplier of 4.5. Therefore his redundancy payment is computed as follows:-

    4. Gross Weekly Wage times multiplier

    220 x 4.5 = 990

  4. The tribunal also considered whether the applicant was entitled to receive a payment in lieu of notice. Unfortunately, the applicant had not brought his claim within the appropriate time limit set down in Article 55 of the Employment Rights (Northern Ireland) Order 1996. As this was the case the tribunal considered the issue of whether it would not have been reasonably practicable for this claim to have been brought in accordance with the provisions of Sub-Paragraph 4 of the same Article. On the evidence before the tribunal, it appeared that the applicant simply neglected to pursue this element of his claim. As such the tribunal is unable to find that it would not have been reasonably practicable for the claim to have been presented within the three month time limit, and accordingly declares that it has no jurisdiction to determine this element of the claim.

  5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

    6. Chairman:

    Date and place of hearing: 6 December 2002, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/1468_02.html