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 represented throughout the hearings by solicitor and counsel, had raised any issue as to a claim for re-instatement or re-engagement. The employer applied for and obtained a conditional order of certiorari to quash the order of the Tribunal on the grounds that, in determining that the employee should be re-engaged, the Tribunal had acted contrary to the principles of natural and constitutional justice and contrary to fair procedures, in that it failed to give the employer notice of its intention to consider this remedy and failed to give the employer any opportunity of being heard in relation to the appropriateness or feasibility of such a remedy. The High Court granted an absolute order of certiorari. The respondent appealed. Held by the Supreme Court (Finlay C.J., Henchy, Walsh, Hederman and McCarthy JJ.) in varying the order of the High Court, 1, whether it be identified as a principle of natural justice derived from the common law and known as audi alteram partem or, preferably, as the right to fair procedures...

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30 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 199......
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    • Ireland
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    ...AG 1988 ILRM 89 1984/2/408 CONSTITUTION ART 40 RYAN v AG 1965 IR 294 IRISH PHARMACEUTICAL UNION, STATE v EMPLOYMENT APPEALS TRIBUNAL 1987 ILRM 36 1986/3/972 MCDONALD v BORD NA GCON & AG 1965 IR 217 FLANAGAN v UNIVERSITY COLLEGE DUBLIN 1988 IR 724 1989 ILRM 469 1988/8/2214 DOUPE v LIM......
  • 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......
  • Tomasz Zalewski v The Workplace Relations Commission, an Adjudication Officer [Y], Ireland and the Attorney General
    • Ireland
    • Supreme Court
    • 6 April 2021
    ...crippling. Furthermore, this approach flies in the face of the principle established by this Court in The State (Irish Pharmaceutical Union) v Employment Appeals Tribunal [1987] ILRM 36 and see Galway-Mayo Institute of Technology v Employment Appeals Tribunal [2007] IEHC 210. Those cases ......
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