Walsh v Governing Body of Belfast Metropolitan College [2020]

Posted In: Case Law
  • Decision Number
    NIIT 14129/18
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Remedy; Reinstatement

This judgment came on foot of a finding from the Industrial Tribunal that the claimant had been automatically unfairly dismissed.  The claimant sought reinstatement and the Tribunal had to determine whether that should be awarded.

Article 150 of the Employment Rights (NI) Order 1996 states that the Tribunal has discretion in ordering reinstatement and that the claimant’s wishes should be considered as well as whether it is practicable for the employer to comply with an order for reinstatement.  The Article also requires that the Tribunal considers whether the claimant caused or contributed to their dismissal and whether it would be just to order reinstatement.   The

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This article is correct at 25/08/2020

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL