Gallen v Patrick McLaughlin [2010] NIIT 6821_09IT (02 June 2010)

The claimant was dismissed in breach of statutory procedures, making the dismissal automatically unfair and entitling him to compensation and unpaid wages.

Citation: [2010] NIIT 6821_09IT
Parties: Claimant: Sean Anthony Gallen; Respondent: Patrick McLaughlin; Respondent: McLaughlin Ireland Limited
Jurisdiction: Northern Ireland
Judgment Date: 02 June 2010
Procedural Posture: Industrial Tribunal / Final Judgment
Outcome: Claimant was unfairly dismissed; entitled to compensation and unpaid wages.
Legal Topics: Unfair Dismissal, Statutory Dismissal Procedures, Compensation, Redundancy, Recoupment of Jobseeker’s Allowance

Employment Law Unfair Dismissal Statutory Dismissal Procedures Compensation Redundancy Recoupment of Jobseeker’s Allowance

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 5 Party arguments 2 Amounts and remedies 13

Parties

Sean Anthony Gallen

Claimant

Patrick McLaughlin

Respondent

McLaughlin Ireland Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

1 Whether the claimant was unfairly dismissed
2 Whether statutory dismissal procedures were followed
3 Entitlement to compensation and unpaid wages

Ratio Decidendi

The claimant was dismissed in breach of statutory procedures, making the dismissal automatically unfair and entitling him to compensation and unpaid wages.

Court Disposition

Claimant was unfairly dismissed; entitled to compensation and unpaid wages.

Orders

Respondents to pay claimant £28,771.52 in compensation and unpaid wages.
Basic award increased to four weeks salary.