Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 1767/16

 

 

 

CLAIMANT: Darren Philip Kane

 

 

RESPONDENTS: 1. Cowcare Systems Ltd (In Company Voluntary Arrangement)

2. John Sharkey

 

 

 

DECISION

(A)          None of the claimant's claims against the respondent John Sharkey is well-founded. Accordingly all of those claims are dismissed.

(B)          The claimant's wages claim against Cowcare Systems Ltd ("the Company") is not well-founded. Accordingly, that claim is dismissed.

(C)          The claimant's holiday pay against the Company is not well-founded and accordingly it is dismissed.

(D)          The claimant's claim for notice pay against the Company is well-founded and it is ordered that the Company shall pay to the claimant the sum of £1,627 in respect of that breach of contract.

(E)          The claimant's claim against the Company in respect of redundancy pay is not well-founded. Accordingly, that claim is dismissed.

(F)           The claimant's unfair dismissal claim the Company is well-founded. It is ordered that the Company shall pay the sum of £21,588 to the claimant as compensation in respect of that unfair dismissal.

 

 

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge Buggy

Appearances:

The claimant was self-represented.

Each of the respondents was debarred from participating in the hearing because he/it did not present a response within the relevant time-limit.

 

REASONS

 

1. I announced my decision at the end of the hearing. At the same time, I gave oral reasons for that decision.

 

2. This decision is based on the following information:

 

Gross weekly pay: £400

 

Net weekly pay: £332

 

Number of actual completed years of service: 6

 

Age on date of dismissal: 40

 

3. The compensation in respect of unfair dismissal consists of a basic award of £2,400 and a compensatory award of £19,188. The compensatory award consists of the following: (1) I have awarded £7,500 to the claimant in respect of past loss. I have awarded £7,500 in respect of future loss. I have awarded £350 in respect of loss of statutory rights. The sum of those three figures is £15,350. (2) That aggregate sum of £15,350 has been subjected to 25% uplift, pursuant to Article 17 of the Employment (Northern Ireland) Order 2003.

 

4. The Recoupment Regulations apply. Attention is drawn to the notice below which forms part of the decision of the tribunal. In respect of the unfair dismissal award:

 

(1) The amount of the monetary award is £21,588.

 

(2)           The prescribed element is £7,500.

 

(3)           The prescribed period is the period from 29 July 2016 until 9 December 2016.

 

(4)           The amount by which the unfair dismissal compensatory monetary award exceeds the prescribed element is £14,088.

 

5.             I note that the Company is in corporate voluntary arrangement. Accordingly, there must be questions as to whether and when claimant will be able to recover, from the Company, any large proportion of the amount of the compensatory award element of the unfair dismissal compensation.

 

6.             I am satisfied that the title of the first named respondent is "Cowcare Systems Ltd" and the title of the proceedings has been altered accordingly.

 

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: 9 December 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: