Mr K Traynor v NWC Realisations Ltd (in administration): 3315368/2020
JUDGMENT
[1]The claimant was employed by the respondent.[2]On 3 September 2020, Rob Lewis and Rachel Wilkinson of PwC were appointed Joint Administrators of the Respondent.[3]On 4 September 2020, the claimant was dismissed by the respondent by reason of redundancy.[4]The respondent did not fully inform and consult with he claimant in accordance with the provisions of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (‘the Act’).[5]The claimant has raised a complaint pursuant to section 189 of the Act seeking a protective award in respect of that failure.[6]The Tribunal makes a protective award in favour of the claimant and orders that the respondent pay remuneration for the protected period of 90 days beginning September 4, 2020.[7]Any amounts of the protected award referred to in paragraph 6 above that are not paid by the redundancy protection service (RPS) (In accordance with its own regulations and limits) will rank as ordinary unsecured claims against the Administration.[8]The claimant agrees to withdraw any claim for unpaid wages, holiday pay, notice pay and or redundancy payments and unfair dismissal on the basis that such claim as can be admitted for dividend purposes without a Tribunal Judgment.[9]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees. Case No: 3315368/2020