01700_11IT McCloskey v Engineering Services [2011] NIIT 01700_11IT (02 November 2011)

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCloskey v Engineering Services [2011] NIIT 01700_11IT (02 November 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01700_11IT.html
Cite as: [2011] NIIT 01700_11IT, [2011] NIIT 1700_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF:    1700/11 

CLAIMANT:                                William McCloskey

RESPONDENT:                        Engineering Services

DECISION

 

The decision of the tribunal is that the claimant is entitled to a statutory redundancy payment of £7,200.00 calculated as set out in this decision.

 

 

Constitution of Tribunal:

Chairman (sitting alone):        Mrs A Wilson

 

Appearances:

 

The claimant appeared in person.

The respondent did not appear and was not represented.

 

1.         The claimant was employed as a builder of stonework, labourer and vehicle driver from 22 June 1998 until his dismissal by reason of redundancy on to the 20 May 2011.

 

2.         His gross weekly earnings were £407.70.  He was aged 60 at the time of his dismissal.

 

3.         Part XII of the Employment Rights (Northern Ireland) Order 1996 deals with entitlement to statutory redundancy payments and Article 197 provides the method of calculation applicable to a redundancy payment.

 

4.         The redundancy calculation in accordance with Article 197 is as follows:-

 

            The claimant’s age at effective date of termination:                  60 years

            Number of full years employed:                                                    12 years

            12 years x 1½ weeks x £400.00 (statutory maximum)       =     £7,200.00

 

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

 

 

 

Chairman

 

Date and place of hearing:       18 October 2011

Date decision recorded in register and issued to parties:


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URL: http://www.bailii.org/nie/cases/NIIT/2011/01700_11IT.html