Walsh v McAloon Construction Ltd [2010] NIIT 223_09IT_2 (30 March 2010)

The respondent's failure to comply with statutory dispute resolution procedures rendered the dismissal automatically unfair under Article 130A of the 1996 Order.

Citation: [2010] NIIT 223_09IT_2
Parties: Claimant: Michael Walsh; Respondent: McAloon Construction Ltd
Jurisdiction: Northern Ireland
Judgment Date: 30 March 2010
Procedural Posture: Unfair Dismissal Claim / Liability Decision; Quantum to Be Determined
Outcome: Claimant was unfairly dismissed; compensation with 25% uplift to be determined and notified.
Legal Topics: Unfair Dismissal, Statutory Dispute Resolution Procedures, Automatic Unfair Dismissal, Compensation Uplift

Employment Law Unfair Dismissal Statutory Dispute Resolution Procedures Automatic Unfair Dismissal Compensation Uplift

Case Brief

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Parties

Michael Walsh

Claimant

McAloon Construction Ltd

Respondent

Procedural Posture

Unfair Dismissal Claim / Liability Decision; Quantum to Be Determined

Legal Issues

1 Whether the claimant was unfairly dismissed
2 Whether the respondent complied with statutory dispute resolution procedures
3 Whether an uplift in compensation is appropriate

Ratio Decidendi

The respondent's failure to comply with statutory dispute resolution procedures rendered the dismissal automatically unfair under Article 130A of the 1996 Order.

Court Disposition

Claimant was unfairly dismissed; compensation with 25% uplift to be determined and notified.

Orders

Respondent to pay compensation to claimant with a 25% uplift; quantum to be determined.