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Case Law

Stephen Beattie v Sword Security (NI) Limited [2016]

Case reference:NIIT.02448/15IT   The claimant commenced work for the respondent as a security officer and initially worked as a “floater”, working at different sites where the respondent provided security services to different customers. The respondent’s operations manager informed the claimant that a client had reached a decision...
Case Law

Dansk Industri (DI) acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen [2016]

Case reference:EUECJ.C-441/14   Danish law requires of employers in Denmark that, "In the event of the dismissal of a salaried employee who has been continuously employed in the same undertaking for 12, 15 or 18 years, the employer shall, on termination of the employment relationship, pay a sum to the employee corresponding to, r...
Case Law

Wasteney v East London NHS Foundation Trust [2016]

Case reference:UKEAT.0157_15_0704   The background to this case was that complaints had been made by a junior worker of Muslim faith against the Claimant, a more senior manager position who was a Christian. The complaints related to various interactions with the Claimant which the complainant characterised as “grooming”; these includ...
This article is listed under the following topics:
Discrimination and Equality Human Rights
Case Law

Emma McKay v Lil' Butterflies Day Nursery & Amanda McConkey t/a Lil' Butterflies Day Nursery Case [2016]

Case reference:NIIT.2242/15   The claimant was employed as a room leader at the second named respondent’s nursery. She was tagged in a particular Facebook post by a friend and colleague which she subsequently ‘liked’ and commented under. This post contained a picture of a mother and daughter with the child asking to go to the p...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Maria McKeith v The Committee for the time being of Ardoyne Association [2016] NIIT 1188/15

Case reference:NIIT.1188/15   The claimant was employed by the Ardoyne Association, an unincorporated body which provides advice services in North Belfast, and was dismissed in March 2015. The respondent argued that the claimant was dismissed fairly on the ground of redundancy based on a lack of funding. The claimant argued tha...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation
Case Law

Lee Karl Graham v Fyfes Vehicle and Engineering Supplies Limited

Case reference:[2016].NIIT.01150_15IT   The claimant worked for the respondent as a counter sales assistant. An ongoing theme of his employment were errors made in relation to routine matters and issues in relation to timekeeping, attendance and time spent on his mobile phone. The claimant was initially given a verbal warning which led t...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Kerrie Smyth v The Personal Representatives of Catherine Chivers (deceased)

Case reference:[2016].NIIT.293/15   The claimant was employed by the respondent (deceased) as her full time carer from 9 April 2013 until 8 December 2014 when the claimant and respondent met and the former was dismissed. She claimed that she was unfairly dismissed and it was accepted by the respondent that it had not followed any asp...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence
Case Law

The Department for Employment and Learning v Richard James Morgan

Case reference:[2016].NICA.2   The claimant was employed by Saville Tractors (Belfast) Limited on 20 November 1989 as a management accountant under a contract of employment. In 2008 he became a 50% shareholder as the owners were retiring. When the company ceased trading due to an unpaid VAT bill, Mr Morgan claimed a redundancy p...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment
Case Law

Caroline Connolly v Western Health & Social Care Trust [2016]

Case reference:[2016].NICA.4   Ms Connolly was employed as a Band 5 Staff Nurse at Altnagelvin Hospital within the Western Health and Social Care Trust, having commenced employment in this position in February 2011. Ms Connolly suffered from ‘suspected asthma’ since 2007. On 04 October 2012, whilst in work, Ms Connolly had cause...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Raymond John Brownfield v Miguel Governo trading as James Orr Engineering [2016]

Case reference:NIIT.562/15   The claimant had been one of three service engineers employed by the respondent to work on contracts for part of what is now the Belfast Health and Social Care Trust. The relevant contract work was retendered at the end of 2014 and the respondent was unsuccessful in its bid. The central issue befor...
This article is listed under the following topics:
Redundancy and Reorganisation Transfer of Undertaking (TUPE)