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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Burke v P.D.G. Ltd [2010] NIIT 408_10IT (22 June 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/408_10IT.html Cite as: [2010] NIIT 408_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 408/10
CLAIMANT: Paul Martin Burke
RESPONDENT: P.D.G Ltd
DECISION
The respondent is ordered to pay the claimant redundancy entitlement amounting to £4,875.00 and notice pay in the sum of £2,520.00 amounting to a total payment of £7,395.00.
Constitution of Tribunal:
Chairman (Sitting Alone): Mrs A Wilson
Appearances:
The claimant appeared in person and represented himself.
Mr P McCallion of the respondent company appeared representing the respondent.
Background
1. The claimant lodged a claim form on 19 February 2010 claiming that he had been dismissed without due notice by reason of redundancy and that the respondent had not paid him his redundancy entitlement or pay in lieu of notice. The respondent lodged a response on the 18 March 2010 indicating that it was not the intention to resist the claim and a Default Judgement was issued on the 12 April 2010.
2. The case has been listed today for a remedies hearing.
Sources of Evidence
3. The tribunal considered the claim form, the response and the sworn testimony of the claimant the accuracy of which was confirmed by the respondent.
Facts
4. The claimant whose date of birth is the 17
June 1970 was employed by the respondent as a painter and decorator from the
27 April 1987 until his dismissal by reason of redundancy on the 22 December 2009.
His dismissal was without notice in circumstances where he was entitled to
12 weeks notice. He received neither pay in lieu of notice nor redundancy pay.
5. At the time of dismissal the claimant was earning £250.00 gross pay amounting to £210.00 net pay. He had 22 years continuous employment with the respondent.
The Law
6. Under Article 170 of the Employment Rights (Northern Ireland) Order 1996 [the Order] an employer shall pay redundancy payment to any employee of his if the employee is dismissed by the employer by reason of redundancy. The entitlement to redundancy payment is determined by the provisions of Article 197 of the Order.
7. Under Article 118 of the Order an employee is entitled to a minimum period of notice and in circumstances where the claimant has 22 years continuous service, he was entitled as stated above to 12 weeks notice and so is entitled to 12 weeks pay in lieu of notice.
Conclusion
8. An earlier tribunal having found that the claims in respect of redundancy entitlement and entitlement to notice pay are well founded, this Tribunal orders the respondent to pay the claimant a redundancy payment calculated in accordance with Article 197 of the Order as follows:-
5 x ½ x
£250.00 = £ 625.00
17 x 1 x £250.00 = £4,250.00
Total £4,875.00
9. The tribunal orders the respondent to pay
notice pay in the sum of:-
12 x £210.00 = £2,520.00
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 28 May 2010, Strabane.
Date decision recorded in register and issued to parties:
