Irish Sea Contractors Ltd (Represented by William Fitzgerald, B.L., Instructed by Ensor O'Connor Solicitors) v Barra Farrell (Represented by James Doran, B.L., Instructed by Kearney, Roche & McGuinn Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 17 February 2020
• Judgment citation (vLex): [2020] 2 JIEC 1705
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.UDD2014 ADJ-00018127 CA-00023353-001
• Date: 17 February 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Irish Sea Contractors Limited (Represented by William Fitzgerald, B.L., Instructed by Ensor O'Connor Solicitors)

and

Barra Farrell (Represented by James Doran, B.L., Instructed by Kearney, Roche & McGuinn Solicitors)

FULL RECOMMENDATION

UD/19/144

DETERMINATION NO.UDD2014

ADJ-00018127 CA-00023353-001

Labour Court

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Murphy

Worker Member: Ms Tanham

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No: ADJ-00018127 CA-00023353-001.

BACKGROUND:

2 2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 8 July 2019 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 6 February 2020. The following is the Determination of the Court:-

DETERMINATION:

3 This is an appeal by Barra Farrell (hereafter the Complainant) against an Adjudication Officer's Decision ADJ-00018127 given under the Unfair Dismissals Acts, 1977 to 2015 (the Acts) in a claim that he was unfairly dismissed by his former employer Irish Sea Contractors Limited (hereafter the Respondent). The Adjudication Officer upheld the complaint of unfair dismissal but made a nil award.

4 At the commencement of the hearing the Respondent informed the Court that they were no longer contesting the fact that dismissal was unfair and that the only issue before the Court was redress. The Representative for the Complainant confirmed to the Court that they were no longer pursuing the claim of a protected disclosure and that the only issue before the Court was redress in respect of the unfair dismissal.

5 Remedy

6 Section 7 of the Act states

• 7.—(1) Where an employee is dismissed and the dismissal is an unfair dismissal, the employee shall be entitled to redress consisting of whichever of the following the adjudication officer or the Labour Court, as the case may be, considers appropriate having regard to all the circumstances:

( a) re-instatement by the employer of the employee in the position which he held immediately before his dismissal on the terms and conditions on which he was employed immediately before his dismissal together with a term that the re-instatement shall be deemed to have commenced on the day of the dismissal, or

( b) re-engagement by the employer of the employee either in the position which he held immediately before his dismissal or in a different position which would be...