Cormac O’Hare v O’Hanlon & Farrell Contracts Ltd [2014] NIIT 1281/14

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal
Issues covered: Mistaken dismissal

The claimant was employed by the respondent as a site manager for eight years prior until 10th April 2014. In or about May 2013, the claimant asked if he could take a period of unpaid leave from January 2014 until 4th April 2014 which was readily agreed.

Upon his return he received his p45 from the respondent which he subsequently questioned. The Managing Directors of the respondent made it clear that he was not going to resume his employment and that they had no work for him. The claimant believed his had been dismissed and there was no evidence from the respondent to suggest otherwise. The claimant secured similar employment with another employer shortly after. Subsequent correspondence

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This article is correct at 23/01/2015

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John Taggart BL

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