Keenan v Reid [2007] NIIT 232_05 (23 January 2007)

Keenan v Reid [2007] NIIT 232_05 (23 January 2007)

The dismissal was unfair because, at the appeal stage, the respondent relied on additional evidence (third party statements) and a previous incident without giving the claimant a fair opportunity to respond or rebut. This procedural unfairness rendered the dismissal outside the band of reasonable responses of a...

Source-derived case information.

Citation
[2007] NIIT 232_05
Parties
Claimant: Joseph Keenan; Respondent: Michael Reid; Respondent: Danny Brennan; Respondent: Rumpoles
Jurisdiction
Northern Ireland
Judgment Date
23 January 2007
Procedural Posture
Industrial Tribunal Unfair Dismissal / Final Decision
Outcome
Claimant was unfairly dismissed. Claim for unpaid wages and holiday pay dismissed.
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Employment Contract, Compensation, Procedural Fairness
Employment Law Unfair Dismissal Disciplinary Procedure Employment Contract Compensation Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Keenan

Claimant

Michael Reid

Respondent

Danny Brennan

Respondent

Rumpoles

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Final Decision

Legal Issues

  1. 1 Whether the claimant's dismissal was fair or unfair
  2. 2 Whether the claimant was entitled to unpaid wages and holiday pay
  3. 3 Appropriate compensation if claims are made out

Ratio Decidendi

The dismissal was unfair because, at the appeal stage, the respondent relied on additional evidence (third party statements) and a previous incident without giving the claimant a fair opportunity to respond or rebut. This procedural unfairness rendered the dismissal outside the band of reasonable responses of a reasonable employer.

Court Disposition

Claimant was unfairly dismissed. Claim for unpaid wages and holiday pay dismissed.

Orders

  • Respondents to pay compensation of £5,545.00 to the claimant for unfair dismissal.
  • Claimant's other claims dismissed.