Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:    851/14

 

 

 

CLAIMANT:            Gary Mullen

 

 

RESPONDENTS:    1.  Frankie Powell

2.  Romaqua (Ireland) Ltd         

 

 

 

DECISION

 

The claimant is entitled to a redundancy payment and notice pay in the sum of £5,436.00

and the second-named respondent is ordered to pay him this amount, calculated as set out in paragraph 7 below.

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone):      Employment Judge McCaffrey  

 

 

 

Appearances:

 

The claimant appeared in person.

 

Neither respondent appeared or was represented.

 

 

1.       At the outset of the hearing Mr Mullen made me aware that he had received correspondence from a nominee appointed on behalf of the second-named respondent in relation to a proposed meeting of creditors which was to take place on 3 October 2014 in relation to a proposed company voluntary arrangement.  On considering this correspondence there is nothing in it to confirm that the second-named respondent has indeed gone into a voluntary arrangement and accordingly I see no need to stay these proceedings or to amend the name of the second respondent.  It is also clear from the information given to me that the claimant was an employee of the second-named respondent, not the first-named respondent.  Accordingly I order that the first-named respondent is dismissed from these proceedings.

 

2.       Mr Mullen also confirmed that following a Case Management Discussion in August, there had been discussions through the Labour Relations Agency, as a result of which a number of his claims had been conciliated and the only outstanding issues which remained were the claims for redundancy pay and notice pay.

 

3.       The claimant commenced employment with the respondent as a warehouse operative on 31 March 2003.  On 14 March 2014, the claimant and other staff were advised that they were being made redundant.  There was no consultation procedure, and he was not given any notice of his redundancy.  At the date of the termination of his employment the claimant was aged 41.

 

4.       The claimant had indicated that his gross pay per week was £276.00 and his net pay was £240.00.  These figures were agreed by the respondent in their response form.

 

5.       On the basis of the information provided to me I am satisfied that the claimant’s claims for redundancy pay and notice pay are well-founded.

 

6.       The claimant had ten full years service at the date when he was made redundant. Had he been given 10 weeks’ notice to which he was entitled under Article 118 of the Employment Rights (Northern Ireland) Order 1996, he would have had 11 complete years’ service at the date of termination of his contract.

 

7.       Accordingly I order the second-named respondent to pay to the claimant the following sums:-

 

          Notice pay

 

          10 weeks’ notice at £240.00 per week              =        £2,400.00

 

          Redundancy pay

 

          The claimant was aged 41 at the date of dismissal.

 

          His gross pay was £276.00 per week and his length of service had he been given proper notice would have been 11 years.  He is therefore entitled to a redundancy payment as follows:-

 

          £276.00 x 11                                                   =        £3,036.00

 

                                                                      TOTAL:        £5,436.00

 

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

 

 

 

Employment Judge:      

 

 

Date and place of hearing:         6 October 2014, Belfast. 

 

Date decision recorded in register and issued to parties: