Dismissal Law In Ireland by Dr Mary Redmond

Date01 January 2007
AuthorAnthony Kerr
Tottel Publishing Ltd, 2007, lxxxi and 700pp. (i130.00)
ISBN 978–1–84592–299–3
Anthony Kerr
In the eight years since the first edition of this book was published by
Butterworths, there have been considerable developments in the law relating
to dismissal, both judicial and legislative. Not least has been the extension
of the Unfair Dismissals legislation to most civil and public servants through
the enactment of the Civil Service Regulation (Amendment) Act, 2005; see
further the author’s excellent articles in the Winter 2005 and Summer 2007
editions of the Irish Employment Law Journal. There has also been a steady
stream of case law both from the Employment Appeals Tribunal and the
civil courts including the decision of the Supreme Court in Maha Lingham
v Health Services Executive (now reported at [2006] ELR 137). In this last
mentioned case, Fennelly J echoed the concerns expressed by Dr Kevin
Costello in “Regulating the Anti-Dismissal Injunction” in Breen, Casey and
Kerr eds Liber Memorialis Professor James C. Brady (Round Hall Sweet &
Maxwell, 2001) pp. 188–202 and raised the burden of proof required of a
plaintiff to secure a so-called Fennelly order (on which see the book under
review at pp. 181–183). In addition, and in this context, the author refers
briefly to the decision of Clarke J in Cahill v Dublin City University in
which his reserved judgment was eventually delivered on the 9 February
2007 and is now reported at [2007] ELR 113. In this case, the learned High
Court judge upheld the plaintiff’s claim that his purported dismissal was
invalid but declined to make any mandatory order, which would direct the
duties, which the plaintiff was to carry out. It should be noted that this case
is under appeal to the Supreme Court.
As with the first edition, the book is divided into three parts. Part A
(pp 3–28) deals with the historical development of the law’s protection
against wrongful termination of employment. Part B (pp 31–231) then deals
with “Wrongful Dismissal” and includes a chapter on “Remedies: Judicial
Review”. Part C (pp 235–574) then deals with “Unfair Dismissal” and
includes a most helpful chapter on “Procedural Aspects of Unfair Dismissal”.
There follows various appendices including the Unfair Dismissals Act, 1977
(as amended), Order 57 of the Circuit Court Rules 2001, the relevant
Regulations including SI Nos. 286 and 287 of 1977, and the Labour
Relations Commission’s Code of Practice on Grievance and Disciplinary

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