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First Scottish NIRC appeal fails
Page 32
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• The first appeal in Scotland against a decision of the National Industrial Relations Court, taken by Mr Norman Wylie, QC, Lord Advocate on behalf of the Secretary of State for Employment, has failed in the second division of the Court of Session.
Mr Louis de Rosa, of Hillend, Burnside, Lanarkshire, had been employed by John Barrie (Contractors) Ltd, 37 Farrell Street, Glasgow, from April 1967 to December 1971 when he was dismissed as redundant. He was paid £132. He had previously been employed by Isaac Barrie (Transport) Ltd, since 1950, as transport manager. In his second post he was dock foreman and later store foreman. On March 1, 1967, Isaac Barrie was taken over by John Barrie.
Mr de Rosa appealed unsuccessfully to the Industrial Tribunal and to the NIRC against the amount of his redundancy payment, claiming it should have been calculated on a continuous period of service dating from 1950 and not restricted to the four years of his service with John Barrie.
Lord Wheatley, Lord Justice-Clerk, giving judgment said the employee here had a valid claim against his previous employer, Isaac Barrie, and lost it simply because he failed to apply for it timeously. It would be inequitable if he were entitled to transfer it to, and indeed foist it on, his second employer.