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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Logan v R Barton and Sons Building Con... [2010] NIIT 1454_10IT (23 November 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/1454_10IT.html Cite as: [2010] NIIT 1454_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1454/10
CLAIMANT: Stuart James Logan
RESPONDENTS: R Barton and Sons Building Contractors
DECISION
The tribunal unanimously finds that the claimant was dismissed on the ground of redundancy and the respondent is ordered to pay to him the sum of £1,739.95.
Constitution of Tribunal:
Chairman: Mr T Browne
(sitting alone)
Appearances:
The claimant represented himself.
The respondent did not attend and was not represented.
ISSUES
1. The tribunal had to determine if the claimant had been dismissed by way of redundancy, and, if so, to what amount he was entitled.
FINDINGS OF FACT
2. The tribunal received evidence orally and in writing, from which the tribunal made the following findings of fact from the unchallenged material placed before it. The respondent had made it clear from the outset of the proceedings, in his response and in communication with the tribunal office, that he was not resisting the claimant’s claim.
3. The claimant started work for the respondent in September 2000, when he was 19 years of age. He was continuously employed until April 2010, when he was made redundant due to the economic downturn.
4. The claimant has no objection to the process used in selecting him for redundancy.
5. When he asked the respondent about his redundancy payment, the respondent informed him that the firm had no funds available to pay it to him.
CONCLUSIONS
6. The tribunal therefore unanimously finds that the claimant was dismissed on the grounds of redundancy, and that he is entitled to a redundancy payment.
THE AWARD
7. Applying the formula set out in Article 197 of the Employment Rights (Northern Ireland) Order 1996, the tribunal finds that the claimant is entitled to the following payment:
½ week’s pay x 3 (when the claimant was under 22 years of age) = £401.55
1 week’s pay x 5 (when the claimant was over 22 years of age) = £1,338.40
The respondent is therefore ordered to pay to the claimant the sum of £1,739.95
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 12 October 2010, Belfast.
Date decision recorded in register and issued to parties:
