THE INDUSTRIAL TRIBUNALS

CASE REF:	4127/09

CLAIMANT:			Brian Doherty

RESPONDENT:		MM Landscapes

DECISION
The decision of the tribunal is that the claimant is entitled to the sum of £1,289.25 by way of redundancy payment.

Constitution of Tribunal:
Chairman (sitting alone):	 Mr S A Crothers	
		
Appearances:
The claimant was present and represented himself.
Mr Moore from the respondent was present.  However the respondent had not entered a response to the claimant’s claim.

The Claim

1.	The Claimant claimed redundancy pay.  The respondent did not enter a response to the claim.  It was explained to Mr Moore that under the Industrial Tribunal’s Rules of Procedure 2005, the respondent was not entitled to take part in the proceedings. 

The Issue 

2.	The issue before the Tribunal was as follows: -
Was the claimant entitled to a sum by way of redundancy payment?

Sources of Evidence

3.	The Tribunal heard evidence from the claimant and referred to any relevant documentation in the course of the hearing.

Findings of Fact

4.	Having considered the evidence in so far as the same related to the issue before it, the Tribunal made the following findings of fact on the balance of probabilities:-

(I)	The claimant was employed by the respondent from 24 March 2003 until 28 November 2008 being the effective date of the termination of his employment.  He was told that there was no further work for him to do and that he was being laid off.  He had not worked for the respondent since.

(II)	He earned £5.73 gross per hour and worked 30 hours per week.  He was aged 51 at the effective date of the termination of his employment.   He had worked for the respondent in excess of 5 years.  He presented his claim to the Tribunal on the 18 March 2009.  

(III)	The Tribunal is satisfied that the claimant has put his complaint in writing to the respondent requesting a redundancy payment before presenting his claim to the Tribunal.  

The Law

5.	The Tribunal considered the relevant provisions of the Employment Rights (Northern Ireland) Order 1996 relating to redundancy.

Conclusions

6.	Having considered the evidence and the findings of fact, the Tribunal concludes as follows:-

(I)	The Tribunal is satisfied that the claimant was dismissed by reason of redundancy.

(II)	On the effective date of termination of his employment, the claimant was earning £171.90 gross per week.  The appropriate multiplier for calculating his redundancy is:-

£171.90      X      7.5 weeks      =      £1289.25

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

Chairman:

Date and place of hearing:	8 July 2009, Belfast	

Date decision recorded in register and issued to parties: