1058_12IT Justyna Dubieniewicz v All Tex Recyclers Limited [2012] NIIT 01058_12IT (14 November 2012)


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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Justyna Dubieniewicz v All Tex Recyclers Limited [2012] NIIT 01058_12IT (14 November 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/1058_12IT.html
Cite as: [2012] NIIT 1058_12IT, [2012] NIIT 01058_12IT

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THE INDUSTRIAL TRIBUNALS

CASE REF:    1691/12    

CLAIMANT:                           Terence Patrick Bannon

RESPONDENT:                     Gerry Gleeson (trading as Gleeson Roofing)

DECISION

The decision of the tribunal is that the claimant is entitled to pay in lieu of notice and a redundancy payment calculated below and in total amounting to £14,475.00.

Constitution of Tribunal:

Chairman  (Sitting alone):     Mr S M P Cross

Appearances:

The claimant appeared in person and was not represented.

The respondent did not appear and was not represented.

1.       The claimant confirmed that the respondent was Mr Gerry Gleeson and his employer was not, to the best of his knowledge a limited liability company.  The title of the respondent was amended to that shown above.

2.       The claimant who was born on 26 January 1954, started work for the respondent on 15 April 1997.  His employment was terminated on 22 June 2012, when the business was closed.  Before that the claimant had been on sick leave from 2 February 2011, having unfortunately been diagnosed with a serious illness for which he is still receiving treatment.  As a result he was in receipt of statutory sick pay.

3.       The first that the claimant knew of the closure of the respondent business was when he was informed by a work colleague.  He subsequently received a P45.

4.       The claimant was in receipt of gross pay of £525.70 per week being £400.00 net.

5.       The claimant is entitled to 12 weeks notice pay and a redundancy payment as calculated below.


6.       Notice pay

          12 weeks at £400.00 per week:                                                          £4,800.00

          Redundancy payment being calculated as follows:-

          The claimant was aged 58 years and was employed for 15 years,

          and is entitled to a redundancy payment of 22.5 weeks pay at the

          capped amount of £430 per week:                                                      £9,675.00

          Total sum due:                                                                                                       £14,475.00

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

Chairman:

Date and place of hearing:       14 November 2012, Belfast.

Date decision recorded in register and issued to parties:

  


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URL: http://www.bailii.org/nie/cases/NIIT/2012/1058_12IT.html