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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Corr v GJD Restaurants Limited (In Li... [2017] NIIT 02763_16IT (12 April 2017) URL: http://www.bailii.org/nie/cases/NIIT/2017/02763_16IT.html Cite as: [2017] NIIT 2763_16IT, [2017] NIIT 02763_16IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2763/16
CLAIMANT: Brian Corr
RESPONDENT: GJD Restaurants Limited (In Liquidation)
DECISION
The claimant's unfair dismissal claim against the respondent company ("the Company") is well-founded. It is ordered that the Company shall pay the sum of £15,000 to the claimant in respect of that unfair dismissal.
Constitution of Tribunal:
Employment Judge: Employment Judge Buggy
Members: Mr B Hanna
Ms D Adams
Appearances:
The claimant was self-represented.
The respondent was not represented.
REASONS
1. We announced our decision at the end of the hearing. At the same time, we gave oral reasons for that decision. This decision is based on the following information:
Gross weekly pay: £300
Net weekly pay: £270
Number of actual completed years of service: 1
Age on date of dismissal: 25
2. The compensation in respect of unfair dismissal consists of a basic award of £1,200 and a compensatory award of £13,800.
3. The basic award of £1,200 has been calculated pursuant to paragraph (1A) of Article 154 of the Employment Rights (Northern Ireland) Order 1996 ("ERO").
4. The compensatory award consists of the following: (1) We have awarded £6,480 to the claimant in respect of past loss. We have awarded £7,020 in respect of future loss. We have awarded £300 in respect of loss of statutory rights. The sum of those three figures is £13,800. (2) That aggregate sum of £13,800 has not been subjected to any Article 17 uplift (any uplift pursuant to Article 17 of the Employment (Northern Ireland) Order 2003).
5. The Recoupment Regulations apply. Attention is drawn to the notice below which forms part of the decision of the tribunal.
(1) The amount of the monetary award is £15,000.
(2) The prescribed element is £6,480.
(3) The prescribed period is the period from 25 October 2016 until 20 April 2017.
(4) The amount by which the unfair dismissal compensatory monetary award exceeds the prescribed element is £8,520.
6. The Company is in voluntary liquidation. Because of this award, the Redundancy Payments Service will now have the power to make a payment to the claimant in respect of the basic award element of this industrial tribunal award. However, the RPS does not now have, and never will have, any power to make any payment to the claimant in respect of the compensatory award element of this overall unfair dismissal award.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge
Date and place of hearing: 10 April 2017, at Belfast
Date decision recorded in register and issued to parties:
