Kirkpatrick v Marcus Cunningham [2006] NIIT 522/06 (21 September 2006)


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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kirkpatrick v Marcus Cunningham [2006] NIIT 522/06 (21 September 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/522_06.html
Cite as: [2006] NIIT 522/06, [2006] NIIT 522/6

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 522/06

    CLAIMANT: Brian Adrian Kirkpatrick

    RESPONDENT: Marcus Cunningham

    DECISION ON REMEDY

    The decision of the tribunal is that the claimant is entitled to compensation in the sum of £2,407.81 for redundancy pay and unpaid wages.

    Constitution of Tribunal:

    Chairman (sitting alone): Mrs P Smyth

    Appearances:

    The claimant appeared in person.

    The respondent did not appear, nor was he represented.

    Reasons

  1. A default judgment was made on 28 June 2006 in respect of the complaints of redundancy pay and unpaid wages.
  2. This hearing was arranged to consider remedy. Having heard evidence from the claimant I am satisfied that she is entitled to be compensated as follows:-
  3. 2.1 Redundancy payment
    The claimant's age at the date of dismissal was 62. He had six completed years of service. His gross pay was £240.00 per week:-
    9 x £240.00 = £2,160.00
    The claimant is therefore entitled to a redundancy payment of £2,160.00.

    2.2 Unpaid wages
    The claimant did not received his pay for Week 38 and Week 39. During those weeks the claimant had agreed to work reduced hours due to the financial difficulties in the business. He is entitled to his net pay of £132.95 for Week 38 and £114.86 for Week 39.

  4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.
  5. Chairman:

    Date and place of hearing: 21 September 2006, Belfast

    Date decision recorded in register and issued to parties:


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URL: http://www.bailii.org/nie/cases/NIIT/2006/522_06.html