Ms AM Lewicka and others as per schedule v S L E Enterprises Ltd T/a The Lovat Hotel: 4105162/2018
JUDGMENT
[1]The respondent did not inform and consult with the claimants in terms of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.[2]The claimants will each be awarded eight weeks pay for the protected period which runs from 25 January 2018 being a protective award in terms of section 189(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. E.T. Z4 (WR)REASONS
[1]The claimants submitted claims to the Tribunal in which they sought a protective award following their dismissal. The respondents accepted that they did not inform and consult with the claimants in terms of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondents confirmed to the Tribunal that a Judgment in the terms outlined above could be issued by consent.[2]On the basis of the information before me, I was satisfied that the claimants were employed by the respondents, S L E Enterprises Limited T/a The Lovat Hotel, in various posts and various descriptions of employees were dismissed by reason of redundancy. A total of 47 employees were dismissed on 25 January 2018 or in the period of 90 days following that date.[3]On the basis of the parties’ consent, I awarded 8 weeks’ pay for the protective period running from 25 January 2018. Case Number Claimant Name 4105163/2018 Mr Colin Randall 4105164/2018 Mr Donald Stewart 4105166/2018 Ms Helen Liblik 4105167/2018 Ms Isla McPhee 4105168/2018 Mr Dylan Jackson 4105169/2018 Ms Amy Jane Smart 4105170/2018 Mr Darren Greig