Walsh v McAloon Construction Ltd [2010] NIIT 223_09IT (23 April 2010)

Walsh v McAloon Construction Ltd [2010] NIIT 223_09IT (23 April 2010)

The respondent failed to follow statutory dismissal and disciplinary procedures, did not provide adequate details or evidence of alleged misconduct, and did not conduct a proper appeal or grievance hearing. This failure was wholly attributable to the respondent, resulting in a finding of automatic unfair dismissal and a 25% uplift in compensation.

Citation
[2010] NIIT 223_09IT
Parties
Claimant: Michael Walsh; Respondent: McAloon Construction Ltd
Jurisdiction
Northern Ireland
Judgment Date
23 April 2010
Procedural Posture
Unfair Dismissal Claim / Final Judgment
Outcome
Claimant was unfairly dismissed. Compensation awarded.
Legal Topics
Unfair Dismissal, Statutory Dismissal and Disciplinary Procedures, Compensation Calculation
Employment Law Unfair Dismissal Statutory Dismissal and Disciplinary Procedures Compensation Calculation

Case Brief

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Michael Walsh

Claimant

McAloon Construction Ltd

Respondent

Procedural Posture

Unfair Dismissal Claim / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the respondent followed statutory dismissal and disciplinary procedures
  3. 3 Entitlement to compensation and uplift

Ratio Decidendi

The respondent failed to follow statutory dismissal and disciplinary procedures, did not provide adequate details or evidence of alleged misconduct, and did not conduct a proper appeal or grievance hearing. This failure was wholly attributable to the respondent, resulting in a finding of automatic unfair dismissal and a 25% uplift in compensation.

Court Disposition

Claimant was unfairly dismissed. Compensation awarded.

Orders

  • Respondent to pay claimant £37,671.74 in compensation.