Dismissal Law In Ireland by Dr Mary Redmond

• Date: 01 January 2007
• Author: Anthony Kerr

DISMISSAL LAW IN IRELAND

DR. MARY REDMOND

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