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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kennedy v Campbell McLean [2012] NIIT 00964_12IT (09 August 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/964_12IT.html
Cite as: [2012] NIIT 00964_12IT, [2012] NIIT 964_12IT

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THE INDUSTRIAL TRIBUNALS

 

 

CASE REF:   964/12

 

 

 

CLAIMANT:                      John Kennedy

 

 

RESPONDENT:                Campbell McLean

 

 

Certificate of Correction

 

 

 

In this decision issued on 9 August 2012:-

 

          (i)       At Paragraph 1(v) the appropriate multiplier should be stated as 41/2.

 

          (ii)       Consequently, Paragraph 1(vi) should read:-

 

“The claimant is therefore entitled to a redundancy payment of £1,935.00 (41/2 x £430.00) from the respondent.”

 

(iii)      This accords with the oral decision given by the tribunal at the hearing and corrects the Chairman’s accidental clerical slip in the written decision.

 

(iv)      A copy of the decision, as corrected and initialled in manuscript by the Chairman, is attached.

 

 

 

 

 

 

 

Chairman:             

 

 

Amendments recorded in Register and issued to the parties on:

 

 

 

 

 

 

 

____________________________

for Secretary


THE INDUSTRIAL TRIBUNALS

 

CASE REF:   964/12

 

 

 

CLAIMANT:                      John Kennedy

 

 

RESPONDENT:                Campbell McLean

 

 

 

DECISION

The decision of the tribunal is that the claimant is entitled to a redundancy payment from the respondent calculated on the basis of the information set out at Paragraph 1 below.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr D Buchanan

 

Appearances:

The claimant appeared in person and was not represented.

The respondent did not enter a response, and did not appear at the hearing. 

 

1(i)     The claimant worked as a lorry driver for the respondent from 1 September 2008 until 19 April 2012, when he was made redundant.  He therefore had a period of three full years’ employment.

 

 (ii)     He was aged 50 at dismissal.

 

 (iii)     His weekly pay was in the region of £750.00 - £800.00 per week.

 

 (iv)     The statutory cap at the time of dismissal was £430.00 per week.

 

 (v)     The appropriate multiplier is 3.

 

 (vi)     The claimant is therefore entitled to a redundancy payment of £1,290.00 (3 x £430.00) from the respondent.

 

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

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         7 August 2012, Belfast

 

 

Date decision recorded in register and issued to parties:

 


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URL: http://www.bailii.org/nie/cases/NIIT/2012/964_12IT.html