769_12IT Wilkinson v Department for Employment and ... [2012] NIIT 00769_12IT (11 December 2012)

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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Wilkinson v Department for Employment and ... [2012] NIIT 00769_12IT (11 December 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/769_12IT.html
Cite as: [2012] NIIT 00769_12IT, [2012] NIIT 769_12IT

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THE INDUSTRIAL TRIBUNALS

CASE REF:   769/12

CLAIMANT:                      Ronald Wilkinson

RESPONDENT:                Department for Employment and Learning

DECISION

(A)     Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”), I determine that Crown Chauffeur Drive Limited is liable to pay to the claimant the sum of £2,474 by way of redundancy payment.

(B)     Any appeals by the claimant in respect of the refusal of any other applications to the Department (in the Department’s role as statutory guarantor) are dismissed. 

                                                                                                                   

Constitution of Tribunal:

Chairman (sitting alone):           Mr P Buggy

         

Appearances:

The claimant was self-represented.

The Department was represented by Mr N Cruikshanks.

REASONS

1.       I announced my decision at the end of the hearing.  At the same time, I gave brief oral reasons for my decision. 

2.       On the balance of probabilities, I regarded the claimant as a truthful witness.  Because the employing company is not formally insolvent, the Department has no power to make any payment to the claimant except in relation to redundancy payments. 

3.       I note that, in the particular circumstances of this case, the Department regards the making of this decision as an adequate basis upon which to make a payment to the claimant, in respect of redundancy, in its role as the statutory guarantor in respect of certain employment debts. 

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

Chairman:

Date and place of hearing:  11 December 2012, Belfast.             

Date decision recorded in register and issued to parties:


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URL: http://www.bailii.org/nie/cases/NIIT/2012/769_12IT.html