McQuilkin v Dunnes Stores [2015] NIIT 00960_15IT (28 September 2015)

McQuilkin v Dunnes Stores [2015] NIIT 00960_15IT (28 September 2015)

The tribunal found that the respondent's refusal and threat to deny the claimant representation by a trade union official at disciplinary and appeal hearings breached Article 13 of The Employment Relations (Northern Ireland) Order 1999, entitling the claimant to compensation.

Source-derived case information.

Citation
[2015] NIIT 00960_15IT
Parties
Claimant: Tracy McQuilkin; Respondent: Dunnes Stores
Jurisdiction
Northern Ireland
Judgment Date
28 September 2015
Procedural Posture
Industrial Tribunal / Decision
Outcome
Claim upheld
Legal Topics
Right to Representation at Disciplinary Hearing, Compensation for Denial of Representation
Employment Law Right to Representation at Disciplinary Hearing Compensation for Denial of Representation

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tracy McQuilkin

Claimant

Dunnes Stores

Respondent

Procedural Posture

Industrial Tribunal / Decision

Legal Issues

  1. 1 Whether the respondent unlawfully refused the claimant representation by a trade union official at a disciplinary hearing and threatened to deny such representation at appeal, contrary to Article 13 of The Employment Relations (Northern Ireland) Order 1999

Ratio Decidendi

The tribunal found that the respondent's refusal and threat to deny the claimant representation by a trade union official at disciplinary and appeal hearings breached Article 13 of The Employment Relations (Northern Ireland) Order 1999, entitling the claimant to compensation.

Court Disposition

Claim upheld

Orders

  • Respondent to pay claimant compensation of £400.00