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	Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCormick v Gallagher & Anor [2005] NIIT 9584_03 (28 June 2005) URL: http://www.bailii.org/nie/cases/NIIT/2005/9584_03.html Cite as: [2005] NIIT 9584_03, [2005] NIIT 9584_3

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THE INDUSTRIAL TRIBUNALS

CASE REF: 9584/03

CLAIMANT: Bronagh Nyree McCormick

RESPONDENTS: 1. Desmond T Gallagher

(formerly t/a G K Architects)

2. Department for Employment & Learning

DECISION

The decision of the tribunal (Chairman sitting alone) is that the claim is dismissed as against both Respondents.

Appearances:

The claimant appeared in person and was unrepresented.

The first-named respondent did not appear and was not represented.

The second-named respondent was represented by Ms Patricia Baird.

The issues to be determined by the Tribunal were:

Was the claimant owed three further week's notice pay by the first named Respondent due to breach of contract and were any further sums due to the claimant from the second named respondent under Articles 227 and 229 of the Employment Rights (Northern Ireland) Order 1996?

The tribunal found the following facts which were agreed by the parties.

1. The claimant was employed between 1 July 2002 and 3 October 2003 as practice secretary/receptionist for the first-named respondent. Her average weekly gross pay was £213.12.
2. On 4 October 2003 the claimant received a letter from the first-named respondent effectively terminating her contract of employment without notice. The claimant was contractually entitled to one month's notice pay from the first-named respondent. She was also owed three days wages for 1 October 2003 until 3 October 2003 inclusive and four and a half days holiday pay.
3. The first-named respondent was adjudged bankrupt on 10 November 2003. The claimant lodged a claim for breach of contract with the Office of the Industrial Tribunals and the Fair Employment Tribunal on 18 December 2003 and the Department for Employment & Learning was joined as a party to the proceedings on 11 May 2004.
4. The claimant was not eligible for redundancy pay as she had less than two years

continuous service. The second-named respondent had already paid the claimant £143.08 for pay in lieu of notice, £91.52 in respect of arrears of pay and holiday pay amounting to £123.55 out of the National Insurance Fund. The claimant accepted that these sums were correct and that no further amount was due to her from the second-named respondent.

The Tribunal therefore determined:

5. No further sum is payable to the claimant by the second named respondent. While

the tribunal had every sympathy with the claimant, it could not deal with her claim for breach of contract in respect of the outstanding three weeks notice pay to which she was contractually entitled from the first-named respondent. The proper course was for the claimant to make an application to the High Court under Article 318 of the Insolvency (Northern Ireland) Order 1989.

6. Accordingly, the claims against both respondents are dismissed.

Chairman:

Date and place of hearing: 28 June 2005, Belfast.

Date decision recorded in register and issued to parties: