Lewis v McWhinney's Sausages Ltd [2013] NICA 47 (12 September 2013)

Lewis v McWhinney's Sausages Ltd [2013] NICA 47 (12 September 2013)

The Tribunal's refusal to order reinstatement was justified due to the breakdown of mutual trust and confidence; statutory procedures for dismissal were complied with, so no uplift was required; aggravated damages and damages for injury to feelings are not recoverable in unfair dismissal; the Tribunal's decision on...

Source-derived case information.

Citation
[2013] NICA 47
Parties
Claimant/appellant: David Lewis; Respondent/respondent: McWhinney's Sausages Ltd
Jurisdiction
Northern Ireland
Judgment Date
12 September 2013
Procedural Posture
Appeal From Industrial Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Remedy, Statutory Procedures, Compensation, Mitigation of Loss
Employment Law Unfair Dismissal Remedy Statutory Procedures Compensation Mitigation of Loss

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Parties

David Lewis

Claimant/appellant

McWhinney's Sausages Ltd

Respondent/respondent

Procedural Posture

Appeal From Industrial Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether reinstatement was practicable as a remedy for unfair dismissal
  2. 2 Whether statutory uplift under Article 17 and Schedule 1 of the Employment (Northern Ireland) Order 2003 was required
  3. 3 Whether aggravated damages and damages for injury to feelings were recoverable

Ratio Decidendi

The Tribunal's refusal to order reinstatement was justified due to the breakdown of mutual trust and confidence; statutory procedures for dismissal were complied with, so no uplift was required; aggravated damages and damages for injury to feelings are not recoverable in unfair dismissal; the Tribunal's decision on remedy was not perverse.

Court Disposition

Appeal dismissed

Orders

  • No reinstatement ordered
  • No statutory uplift applied