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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Ritchie v Mercol (NI) Ltd (in liquidatio... [2010] NIIT 613_10IT (17 November 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/613_10IT.html Cite as: [2010] NIIT 613_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 613/10
CLAIMANT: Leann Ritchie
RESPONDENT: 1. Mercol (NI) Ltd (In Liquidation)
2. Department of Employment and Learning
Certificate of Correction
The decision issued on 17 November 2010 after the word termination in paragraph 8 should read as follows:
“Under Article 197(2) of the 1996 Order, the claimant has 4 years reckonable
service being 2 years half a week’s wages and 3 years a full week’s wage.”
The calculation of the redundancy payment in the decision was based on 5 year’s
service but the claimant was aged under 22 for two of those years. At that age,
the entitlement under Article 197 (2) is half a week’s wage so the multiplier
in Paragraph 9 should be 4 instead of 5, and therefore paragraph 9 of the decision
is corrected to read as follows:
“Redundancy Payment
£247.49
x 4 = £989.96
Unpaid wages £599.16
Total £1589.12”
Chairman:___________________________________
Date: ___________________________________
THE INDUSTRIAL TRIBUNALS
CASE REF: 613/10
CLAIMANT: Leann Ritchie
RESPONDENT: (1) Mercol (NI) Ltd (In liquidation)
(2) Department of Employment and Learning
DECISION
The decision of the tribunal is that the claimant is entitled to a payment of £1,836.61 from the second respondent in respect of the debt owed to her by the first respondent.
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
Appearances:
The claimant appeared in person.
The first named respondent did not appear and was not represented.
The second named respondent was represented by Mr N Cruikshank.
FACTS
1. The claimant was employed by the first respondent as a Credit Controller/ Secretary from 1 January 2004 until 30 September 2009. She was aged over 21 years and was paid £247.49 per week gross, £207.79 net.
2. The claimant went off on maternity leave on 30 September 2009 but did not have a job to return to as the first respondent had ceased trading and her job was redundant.
3. Before she went on maternity leave, the claimant did not receive her full salary for September 2009 because of the first respondent’s financial difficulty.
4. The first respondent was the subject of a Compulsory Liquidation Order made on 25 March 2010.
5. By an Order dated 6 September 2010, the tribunal made an Order joining the second respondent as a party to these proceedings and amending the claim to include an appeal against the Department’s refusal to make payments to the claimant in respect of the debts owed to her by the first respondent.
6. The claimant had raised a grievance with the first respondent on 15 December 2009 setting out her claim for unpaid wages and a redundancy payment.
LEGAL PROVISIONS
7. Article 201 (1) (b) of the Employment Rights (Northern Ireland) Order 1996 provides that where an employee has not received payment of employment debts due to the insolvency of the employer, the employee may apply to the Department for payment.
8. Redundancy payments are calculated under Article 197 of the 1996 Order by reference to the employee’s age and length of service at the date of termination.
DETERMINATION
9. The tribunal determined the claimant’s entitlement as follows:-
Redundancy Payment
£247.49 x 1 x 5 = £1,237.45
Unpaid Wages = £599.16
Total £1,836.61
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 8 October 2010, Belfast
Date decision recorded in register and issued to parties: