THE INDUSTRIAL TRIBUNALS

CASE REF:	5879/09

CLAIMANT:			Ronald Murray

RESPONDENT:		Regeneration of South Armagh Ltd 

DECISION
The decision of the tribunal is that:-

(i)	the claimant is entitled to a redundancy payment from the respondent company calculated on the basis of the information set out at Paragraph 2 below;

(ii)	that the respondent company do pay to the claimant the sum of £3,838.81 in respect of unauthorised deductions from his wages; and

(iii)	that the respondent company do pay to the claimant the following sums which are owing to him as a result of the former’s breach of his contract of employment:-

(a)	£3,981.72 in respect of notice pay; and

(b)	£625 in respect of travelling expenses.

Constitution of Tribunal:
Chairman (sitting alone):		Mr D Buchanan

Appearances:
The claimant appeared in person.
The respondent did not enter a response.

1.	At the start of the hearing, the title of the respondent was amended to that now shown to reflect the fact that it was a limited liability company.

2.	(i)	The claimant worked for the respondent from 1 January 2005 until 10 April 2009 as a Countryside Officer.  He was made redundant on the latter date when the business ceased trading.  He therefore had four years’ completed service.	
			
	(ii)	He was aged 59 at the time of dismissal.	
			
	(iii)	His gross pay was subject to the statutory cap of £350 per week.	
			
	(iv)	The appropriate multiplier for calculating a redundancy payment is 6.  	
			
	(v)	His entitlement is therefore £350 x 6  =  £2,100.	

3.	I also find that the claimant is entitled to the following:-

(I)	the sum of £3,838.81 in respect of unauthorised deductions from his wages.  He received no salary in February and March 2009;

(ii)	the sum of £3,981.72 in respect of unpaid notice pay.  He was contractually entitled to two months’ notice pay.

(iii)	the sum of £625 in respect of travelling expenses to which he was contractually entitled.

4.	Although the respondent company did not enter a response, the sums set out in Paragraphs 2 and 3 above are not in dispute.  This is apparent from correspondence from the company’s accountants to the claimant which fully acknowledges his entitlement to these sums.

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

Chairman:

Date and place of hearing:	7 September 2009, Belfast

Date decision recorded in register and issued to parties: