O'Hara v Red Sky Group Ltd [2009] NIIT 134_09IT (11 September 2009)

O'Hara v Red Sky Group Ltd [2009] NIIT 134_09IT (11 September 2009)

The claimant did not make protected disclosures within the statutory meaning prior to dismissal, did not act in good faith, and was dismissed for capability reasons, not for making protected disclosures. The evidence did not support the claim that the principal reason for dismissal was protected disclosure.

Citation
[2009] NIIT 134_09IT
Parties
Claimant: Ronan O'Hara; Respondent: Red Sky Group Ltd
Jurisdiction
Northern Ireland
Judgment Date
11 September 2009
Procedural Posture
Industrial Tribunal Unfair Dismissal / Protected Disclosure / Final Judgment
Outcome
Claim dismissed
Legal Topics
Unfair Dismissal, Protected Disclosure, Whistleblowing, Capability Dismissal
Employment Law Unfair Dismissal Protected Disclosure Whistleblowing Capability Dismissal

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ronan O'Hara

Claimant

Red Sky Group Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Protected Disclosure / Final Judgment

Legal Issues

  1. 1 Whether the claimant made protected disclosures within the meaning of the Public Interest Disclosure (Northern Ireland) Order 1998
  2. 2 Whether the claimant was unfairly dismissed for making protected disclosures

Ratio Decidendi

The claimant did not make protected disclosures within the statutory meaning prior to dismissal, did not act in good faith, and was dismissed for capability reasons, not for making protected disclosures. The evidence did not support the claim that the principal reason for dismissal was protected disclosure.

Court Disposition

Claim dismissed