The State (Irish Pharmaceutical Union) v Employment Appeals Tribunal

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1987
Date01 January 1987
(S.C.)
The State (Irish Pharmaceutical Union)
and
Employment Appeals Tribunal

Tribunal - Evidence - Determination of remedy by tribunal not argued by parties to hearing - Whether in breach of natural justice - Whether in breach of fair procedures.

Following an unfair dismissal hearing, the respondent Tribunal found that the employee had been unfairly dismissed and that the most appropriate remedy, having regard to all the circumstances of the case, was that the employee be re-engaged. The entire of the hearings had been confined to the circumstances of the dismissal and the financial loss arising therefrom. Neither employee nor employer, both of whom had been...

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29 cases
  • Eircell v Leitrim County Council
    • Ireland
    • High Court
    • 29 October 1999
    ...701 KEEGAN, STATE V STARDUST VICTIMS COMPENSATION TRIBUNAL 1986 IR 642 IRISH PHARMACEUTICAL UNION, STATE V EMPLOYMENT APPEALS TRIBUNAL 1987 ILRM 36 DUFF V MANGAN GLEESON & DPP 1994 ILRM 91 ABENGLEN PROPERTIES LTD, STATE V DUBLIN CORP 1982 ILRM 590 BANE V GARDA REPRESENTATIVE ASSOC 1997 2 ......
  • Sandys & Brophy v Law Society of Ireland
    • Ireland
    • High Court
    • 12 June 2015
    ...a result. In this regard, counsel refers the Court to the case of The State (Irish Pharmaceutical Union) v. Employment Appeals Tribunal [1987] I.L.R.M. 36 wherein McCarthy J. stated as follows:- "Whether it be identified as a principle of natural justice derived from the common law and know......
  • Crofton Buildings Management CLG v an Bord Pleanála
    • Ireland
    • High Court
    • 20 December 2022
    ...IR 241, at 264 139 [1973] IR 121 140 The State (Irish Pharmaceutical Union) v Employment Appeals Tribunal (Notice Party: Maria Dalton) [1987] I.L.R.M. 36 141 §6.1.65 142 for which proposition McCarthy J cited “a wealth of authority”: O'Brien v Bord na Móna [1983] IR 255; Loftus v The Attorn......
  • McCaffrey v Minister for Department of Agriculture, Food and Marine
    • Ireland
    • High Court
    • 19 December 2016
    ...impacted by the development. 26 The court was referred to the judgment of McCarthy J. in State (Irish Pharmaceutical Union) v. EAT [1987] ILRM 36 at p. 40. ‘1. Whether it be identified as a principle of natural justice derived from the common law and known as audi alteram partem or, prefera......
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