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McLean v Yates TR (NI) Ltd (Unfair Dismissal) [2002] NIIT 649_02 (13 August 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 649/02

APPLICANT: Jennifer

RESPONDENT: Yates T.R (N.I) Limited

DECISION

The unanimous decision of the tribunal is that the originating application is dismissed.

Appearances:

No appearance by the applicant or her solicitor.

The respondent was represented by Mr J Miskelly

Summary Reasons

1. The applicant's originating application was considered as the written representations of her case. The tribunal accepted evidence that the company had suffered a very severe downturn in its profits and that two redundancy situations were created. The first was in May when eight people were made redundant and as profits were still decreasing the management decided that another eight people had to be made redundant at the end of October. Three of these were in administration and one was the receptionist. The tribunal accepted there was no other receptionist employed in the company and that her work had decreased to a large extent because of the lack of orders before she was made redundant. The tribunal accepted the work that was left for a receptionist was divided between four people and the company made various administrative changes which reduced the work for a reception facility even more.
2. The applicant had referred to a girl called Donna Thompson and the tribunal accepted that she worked part-time mornings in manufacturing. She would cover some reception duties if the manufacturing department was quiet. The tribunal accepted that there was a slight uplift in sales in January and as a result one new sales person was recruited internally, namely Donna Thompson. The tribunal is satisfied that the applicant's position was redundant and that her job has been absorbed by other people. There is no evidence to substantiate the claim that this was not a redundancy situation. Accordingly the application is dismissed.

Vice President:

Date and place of hearing: 13 August 2002, Belfast

Date decision recorded in register and issued to parties: