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	Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Warren v McKitterick Plant & Waste [2005] NIIT 1433_04 (5 August 2005) URL: http://www.bailii.org/nie/cases/NIIT/2005/1433_04.html Cite as: [2005] NIIT 1433_04, [2005] NIIT 1433_4

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1433/04

CLAIMANT: Robert Errol Warren

RESPONDENT: McKitterick Plant & Waste

DECISION

The decision of the tribunal is that the respondent do pay to the claimant the sum of £7020 by way of a redundancy payment.

Appearances:

The claimant appeared in person.

The respondent was represented by Mr C McKitterick.

REASONS

1. The claimant, in his originating application, had claimed payment of a redundancy payment.
2. The respondent accepted that the claimant was entitled to a redundancy payment. This was consistent with the correspondence which had been produced to the tribunal There was no dispute as to the claimant's wages which, at the time of his dismissal, were in excess of £260, the statutory maximum figure for calculating redundancy payments. Nor was there any dispute as to the claimant's length of service which extended from 4 April 1983 to 16 January 2004.
3. The claimant was born on 23 May 1948. At the time of his dismissal he had a period of continuous employment in excess of the statutory maximum period of 20 years. Of that 20 years, 14 related to a period when the claimant was over 41 years old and 6 related to a period when the claimant was under 41 but over 22. Accordingly the claimant is entitled to a redundancy payment calculated as follows:-

14 x £260 x 3/2 + 6 x £260 = £7020

4. No question of recoupment arises.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: Belfast, 5 August 2005.

Date decision recorded in register and issued to parties: