Walsh v Governing Body of Belfast Metropolitan College Posted In: Case Law
Decision NumberNIIT 14129/18
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionUnfair Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
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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