Burton & Anor v Stuart Penrose Professional Building & Roofing Supplies& Ors  (Redundancy Pay/Notice Pay)  (9 December 2003)

INDUSTRIAL TRIBUNALS

CASE REF: 225/03
578/03

APPLICANTS:	Roy Burton
			William White

RESPONDENTS:	1.	Stuart Penrose Professional Building & Roofing Services
2.	Diane Penrose
3.	Redundancy Payments Service

DECISION

The unanimous decision of the tribunal is that the tribunal dismisses the applicants’ claims.

Appearances:

The applicants did not attend and were not represented.

The first respondent did not attend and was not represented.
The second respondent did not attend and was not represented.

The third respondent was represented by Ms Kathleen Dobbin.

1.	These reasons are given in summary form.

2.	The applicants claimed the first and second respondents had failed to pay to them a redundancy payment and compensation.  The first respondent did not enter a Notice of Appearance to either originating application.  The second respondent entered a Notice of Appearance to claim 225/03 only.  The third respondent was joined to the proceedings and indicated it did not have sufficient information to assess the applicants’ claims.

3.	The tribunal was satisfied that all parties had been notified of the instant hearing.  In the absence of any explanation it decided to dispose of the applications in the absence of the parties.

4.	The tribunal made the following findings:-

(a)	The third respondent has paid to each applicant the full amount of his redundancy payment and payment in lieu of notice.

(b)	The first respondent was wound up on 23 October 2002.

(c)	Following written notification from the third respondent the Office of the Industrial Tribunals and the Fair Employment Tribunal sought confirmation from both applicants that they had received a redundancy payment and payment in lieu of notice.  The applicants did not reply.

(d)	The originating applications do not disclose any other claim expressly or that can be quantified.

(e)	Accordingly the tribunal dismisses these claims.

Chairman:
Date and place of hearing:  9 December 2003, Belfast.
Date decision recorded in register and issued to parties: