McIlhennon v Castle Engineering & Construction Company Ltd [2007] NIIT 2563_06 (23 May 2007)

McIlhennon v Castle Engineering & Construction Company Ltd [2007] NIIT 2563_06 (23 May 2007)

The dismissal was unfair because the respondent failed to provide or follow any written disciplinary or grievance procedures, did not conduct a proper investigation, and did not comply with statutory dismissal procedures. The claimant was therefore entitled to compensation, including a mandatory 10% uplift for...

Source-derived case information.

Citation
[2007] NIIT 2563_06
Parties
Claimant: Conor McIlhennon; Respondent: Castle Engineering & Construction Company Ltd
Jurisdiction
Northern Ireland
Judgment Date
23 May 2007
Procedural Posture
Unfair Dismissal Claim / Final Tribunal Decision
Outcome
claimant succeeded; unfair dismissal found
Legal Topics
Unfair Dismissal, Procedural Fairness, Statutory Dispute Resolution Procedures, Compensation Calculation, Recoupment of Benefits
Employment Law Unfair Dismissal Procedural Fairness Statutory Dispute Resolution Procedures Compensation Calculation Recoupment of Benefits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Conor McIlhennon

Claimant

Castle Engineering & Construction Company Ltd

Respondent

Procedural Posture

Unfair Dismissal Claim / Final Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether statutory and contractual disciplinary procedures were followed
  3. 3 Appropriate compensation for unfair dismissal

Ratio Decidendi

The dismissal was unfair because the respondent failed to provide or follow any written disciplinary or grievance procedures, did not conduct a proper investigation, and did not comply with statutory dismissal procedures. The claimant was therefore entitled to compensation, including a mandatory 10% uplift for failure to follow statutory procedures.

Court Disposition

claimant succeeded; unfair dismissal found

Orders

  • Respondent to pay claimant compensation of £9,372.00, subject to recoupment of benefits.