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	Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Scullion v Knipe Contracts & Anor [2005] NIIT 9431_03 (04 January 2005) URL: http://www.bailii.org/nie/cases/NIIT/2005/1.html Cite as: [2005] NIIT 9431_3, [2005] NIIT 9431_03

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THE INDUSTRIAL TRIBUNALS

CASE REF: 9431/03

APPLICANT: Gerard Brian Scullion

RESPONDENTS: 1. Knipe Contracts

2. Niall Green

DECISION

The unanimous decision of the tribunal is that the applicant was unfairly dismissed. It awards him compensation of £3,194.55.

Appearances:

The applicant was represented by Ms McCavana, of Counsel, instructed by G R Ingram & Co., Solicitors.

The respondent was represented by Mr L Knipe, from the respondent.

1. These reasons are given in summary form.
2. The applicant claimed unfair dismissal and a redundancy payment. The respondents denied the applicant's claims. At the outset the applicant abandoned his claim for a redundancy payment without objection and accordingly that aspect of his claim is dismissed.
3. The tribunal made the following findings:-

(a) The first respondent employed the applicant as a meat trimmer from 20 November 2000 to 20 October 2003. His weekly wage was agreed at £172.35 gross and £138.14 net. His date of birth is 6 December 1982.

The first respondent employs labour directly to work in a number of meat factories in Northern Ireland the Republic of Ireland.

By agreement the second respondent is dismissed from these proceedings.

(b) On 20 October 2003 the respondent dismissed the applicant because the manager of Anglo Beef Processors Limited at Lurgan, where the applicant was working, no longer wanted the applicant to work there.

(c) The respondent denied that there was a dismissal and therefore did not satisfy the statutory requirement to show that the reason for dismissal was one of those reasons that can render a dismissal fair (Article 130(1)(b) Employment Rights (Northern Ireland) Order 1996.

(d) The respondent acted unreasonably in all the circumstances.

(e) The applicant's dismissal was therefore unfair.

(f) The applicant obtained other employment on 15 March 2004. He did not suffer any loss of earnings from that date. The tribunal is satisfied that the applicant mitigated his loss.

(g) The tribunal is satisfied that the applicant is not guilty of contributory fault.

(h) Accordingly the tribunal awards compensation as follows:-

Basic Award:

£172.35 x 1 = £ 172.35

Compensatory Award:

Loss of earnings from 23 October 2003 to 14 March 2004 –

£138.14 x 20.43 = £2,822.20

Loss of statutory rights = £ 200.00

Total compensation = £3,194.55

Prescribed period from 23 October 2003 to 14 March 2004

Prescribed element

£138.14 x 20.43 = £2,822.20

4. This is a relevant decision for the purposes of the Industrial Tribunals Interest Order (Northern Ireland) 1990.
5. Your attention is drawn to the notice below which forms part of the decision of the tribunal.

Chairman:

Date and place of hearing: 10 May, 27 September, 6 December 2004 and

4 January 2005, Belfast.

Date decision recorded in register and issued to parties: