Coleman v Norbrook Laboratories Ltd [2009] NICA 28 (12 March 2009)

Coleman v Norbrook Laboratories Ltd [2009] NICA 28 (12 March 2009)

The Tribunal erred in segregating the issues of procedural and substantive fairness; both must be considered together as they impact each other. In the absence of exceptional circumstances, the Court declined to answer the case stated and remitted the matter for a full hearing on all issues.

Source-derived case information.

Citation
[2009] NICA 28
Parties
Claimant/respondent: Cara Coleman; Respondent/appellant: Norbrook Laboratories Limited
Jurisdiction
Northern Ireland
Judgment Date
12 March 2009
Procedural Posture
Appeal by Way of Case Stated From Fair Employment Tribunal / Court of Appeal Decision on Remittal
Outcome
Case remitted to a differently constituted Tribunal for hearing on all issues; no order as to costs.
Legal Topics
Unfair Dismissal, Procedural Fairness, Reasonableness of Dismissal, Employment Tribunal Procedure
Employment Law Unfair Dismissal Procedural Fairness Reasonableness of Dismissal Employment Tribunal Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Cara Coleman

Claimant/respondent

Norbrook Laboratories Limited

Respondent/appellant

Procedural Posture

Appeal by Way of Case Stated From Fair Employment Tribunal / Court of Appeal Decision on Remittal

Legal Issues

  1. 1 Whether the Tribunal was entitled to conclude that the dismissal was outside the range of reasonable responses by a reasonable employer
  2. 2 Whether procedural and substantive fairness issues should be determined together in unfair dismissal claims

Ratio Decidendi

The Tribunal erred in segregating the issues of procedural and substantive fairness; both must be considered together as they impact each other. In the absence of exceptional circumstances, the Court declined to answer the case stated and remitted the matter for a full hearing on all issues.

Court Disposition

Case remitted to a differently constituted Tribunal for hearing on all issues; no order as to costs.

Orders

  • Remit case to Tribunal for hearing on all issues in the unfair dismissal claim
  • No order as to costs