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Northern Ireland Case Law

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Employment-law [2023] NICA 88

Colhoun v Royal Mail Group Ltd

Colhoun v Royal Mail Group Ltd [2023] NICA 88 (07 December 2023)

The Court of Appeal in Northern Ireland allowed an appeal against a finding of fair dismissal, holding the tribunal had erred in its approach to misconduct and fairness.

  • Unfair-dismissal
  • Gross-misconduct
  • Procedural-fairness
  • Remedies-in-employment-law
  • Employment-appeals
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Employment-law [2022] NIIT 01929

O'Brien v HM Revenue & Customs (Unfair Dismissal)

O'Brien v HM Revenue & Customs (Unfair Dismissal) [2022] NIIT 01929_22it (22 August 2022)

A preliminary hearing in the Northern Ireland Industrial Tribunal dismissed Noel Damien O’Brien’s unfair dismissal claim for want of jurisdiction.

  • Unfair-dismissal
  • Jurisdiction
  • Tribunal-jurisdiction
  • Employment-law
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Employment-law [2022] NIIT 35715

McDermott v Sword Security (NI) Ltd (Breach of Contract Unfair Dismissal Other)

McDermott v Sword Security (NI) Ltd (Breach of Contract Unfair Dismissal Other) [2022] NIIT 35715_21it (09 August 2022)

The tribunal dismissed claims for automatic unfair dismissal, ordinary unfair dismissal, public interest disclosure detriment, and wrongful dismissal after an oral hearing.

  • Unfair-dismissal
  • Breach-of-contract
  • Public-interest-disclosure
  • Wrongful-dismissal
  • Employment-law
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Employment-law [2022] NIIT 17607

McCann v Department for Communities (Discrimination - Disability Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other)

McCann v Department for Communities (Discrimination - Disability Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other) [2022] NIIT 17607_20it (18 July 2022)

The tribunal dismissed claims of unfair dismissal and disability discrimination, finding gross misconduct, a reasonable investigation, and no proved disability.

  • Unfair-dismissal
  • Gross-misconduct
  • Disability-discrimination
  • Reasonable-adjustments
  • Harassment
  • Victimisation
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Employment-law [2022] NIIT 24481_21IT

Travers v Kilbroney House (NI) Ltd (Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other)

Travers v Kilbroney House (NI) Ltd (Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other) [2022] NIIT 24481_21IT (15 July 2022)

At a preliminary hearing, the claimant’s arrears of pay and holiday pay were said to be paid in full, so those claims were dismissed. Unfair dismissal will proceed.

  • Unfair-dismissal
  • Breach-of-contract
  • Holiday-pay
  • Unauthorised-deduction-from-wages
  • Employment-tribunal
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Employment-law [2022] NIIT 02015_21IT

Dempster v The Gill Corporation Europe Li... (Discrimination - Disability Unfair Dismissal)

Dempster v The Gill Corporation Europe Li... (Discrimination - Disability Unfair Dismissal) [2022] NIIT 02015_21IT (07 July 2022)

The tribunal held that the claimant was automatically and ordinarily unfairly dismissed in a redundancy exercise that lacked proper consultation and appeal handling.

  • Unfair-dismissal
  • Automatic-unfair-dismissal
  • Redundancy
  • Statutory-dismissal-procedures
  • Compensation
  • Statutory-dismissal-procedure
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Employment-law [2017] NICA 61

Polachan v Ashgrove Care Home, Four Seaso... (Discrimination - Disability Discrimination - Race Unfair Dismissal)

Polachan v Ashgrove Care Home, Four Seaso... (Discrimination - Disability Discrimination - Race Unfair Dismissal) [2022] NIit 14279_20it (01 July 2022)

The tribunal rejected direct race discrimination but found indirect race discrimination and unfair dismissal after the respondent failed to provide an interpreter at key meetings.

  • Race-discrimination
  • Indirect-discrimination
  • Unfair-dismissal
  • Remedies
  • Burden-of-proof
  • Procedural-fairness
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Employment-law [2022] NIFET 00015_22FET

Lavery v Septodont UK Ltd (Discrimination - Religious Belief/ Political opinion Unfair Dismissal Other Discrimination - Age Discrimination - Race)

Lavery v Septodont UK Ltd (Discrimination - Religious Belief/ Political opinion Unfair Dismissal Other Discrimination - Age Discrimination - Race) [2022] NIFET 00015_22FET (23 June 2022)

The claimant withdrew his Fair Employment Tribunal complaint, and the tribunal revoked a prior consolidation direction under the 1998 Order.

  • Religious-discrimination
  • Political-opinion-discrimination
  • Unfair-dismissal
  • Age-discrimination
  • Race-discrimination
  • Employment-law
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Employment-law [2022] NIIT 08743_20IT

O'Gunniran v Four Seasons Healthcare Limite... (Unfair Dismissal)

O'Gunniran v Four Seasons Healthcare Limite... (Unfair Dismissal) [2022] NIIT 08743_20IT (14 June 2022)

An employment tribunal dismissed the claim after the claimant withdrew it. The judgment was issued on 14 June 2022 by Employment Judge O. Murray.

  • Employment-law
  • Unfair-dismissal
  • Claim-withdrawal
  • Tribunal-procedure
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About this LexChat collection

Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.