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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Oleskiewicz v Complete Newspaper Solutions L... [2014] NIIT 893_13IT (10 January 2014) URL: http://www.bailii.org/nie/cases/NIIT/2014/893_13IT.html Cite as: [2014] NIIT 893_13IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 893/13
CLAIMANT: Zidzislaw Oleskiewicz
RESPONDENT: Complete Newspaper Solutions Ltd
DECISION (UNFAIR DISMISSAL)
The claimant’s unfair dismissal complaint is well-founded and it is ordered that the respondent shall pay the sum of £5,550 to the claimant as compensation in respect of that unfair dismissal.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
The respondent was debarred from participating in the hearing because the respondent did not present a response within the relevant time-limit.
Reasons
1. I announced my decision at the end of the hearing. At the same time, I gave brief oral reasons for this decision.
2. It was clear that the claimant was unfairly dismissed, because, according to his testimony (which I accepted), he was dismissed without any warning or process.
3. The unfair dismissal compensation consists of three elements:-
(1) the Basic Award;
(2) a Compensatory Award; and
(3) an amount awarded pursuant to Article 27 of the Employment
(Northern Ireland) Order 2003 (“the 2003 Order”).
4. The claimant has already been awarded redundancy pay. The basic award has been reduced to reflect that reality, pursuant to Article 156(4) of the Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”). However, the claimant is still entitled to £90, because I am satisfied that there was a failure to comply with the statutory dismissal procedure. (See Article 154(1A) of the 1996 Order).
5. The compensatory element of the award compensates the claimant in respect of loss which he has sustained during the eight months prior to the hearing, and in respect of the estimated loss which he is likely to sustain during the six months after the hearing; it also includes the sum of £100 in respect of loss of statutory rights. That overall amount of £4,450 has been uplifted to £5,000 to take account of the failure on the part of the respondent to comply with the statutory dismissal procedure. (See Article 17 of the 2003 Order).
6. The claimant told me that he had not claimed any social security benefits since the date of his dismissal. Accordingly, the Recoupment Regulations do not apply in the circumstances of this case.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
______________________________________
P Buggy
Chairman
Date and place of hearing: 6 December 2013, Belfast
Date decision recorded in register and issued to parties:
