Antrim Borough Council and Malachy McCann
| Jurisdiction | Northern Ireland |
| Court | Court of Appeal (Northern Ireland) |
| Writing for the Court | Girvan LJ |
| Judge | Girvan LJ |
| Judgment Date | 14 February 2013 |
| Neutral Citation | [2013] NICA 7 |
| Year | 2013 |
| Date | 14 February 2013 |
1
Neutral Citation No: [2013] NICA 7
Ref:
GIR8742
Judgment: approved by the Court for handing down Delivered:
14/02/13
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
IN THE MATTER OF AN APPEAL FROM THE DECISION OF
AN INDUSTRIAL TRIBUNAL
________
BETWEEN:
ANTRIM BOROUGH COUNCIL
Appellant-Respondent;
-and-
MALACHY McCANN
Respondent-Claimant.
________
Before: Higgins LJ, Girvan LJ and Coghlin LJ
________
GIRVAN LJ (delivering the judgment of the court)
Introduction
[1] This is an appeal from a decision of an industrial tribunal (“the Tribunal”)
which found that Malachy McCann (“the claimant”) had been unfairly dismissed
from his employment by Antrim Borough Council (“the employer”) (as a fitness
instructor). The employer appeals on the grounds that the Tribunal failed to identify
or determine the true reason for dismissal; the Tribunal failed to apply the band of
reasonable responses test; the Tribunal failed to take into account relevant matters;
the Tribunal took into account irrelevant matters and the Tribunal’s decision was
perverse. Although the notice of appeal sets out six points of law the real question
of law raised in the appeal can be compendiously reduced to one: Did the Tribunal
err in law in reaching its conclusion that the employer had unfairly dismissed the
claimant?
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4 cases
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McClean vs Simon Community,Jim Dennison
...are also a number of English authorities which have helped to interpret the application of the tests. In McCann v Antrim Borough Council [2013] NICA 7 the Northern Ireland Court of Appeal approved the statement of Longmore LJ in Bowater v North West London Hospitals NHS Trust [2011] EWCA Ci......
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McGeady vs North West Regional College
...Rogan v South Eastern Health & Social Care Trust [2009] NICA 47 and again, more recently, in the case of Antrim Borough Council v McCann [2013] NICA 7 and Gould v Regency Carpet Manufacturing Ltd [2013] NICA 26. In London Ambulance NHS Trust v Small [2009] IRLR 563, Mummery LJ re-stated the......
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Sheil (Martin) v Stena Line Irish Sea Ferries Ltd
...NICA 47 and Dobbin v City Bus Limited [2008] NICA 42 have again recently been approved by this court in Antrim Borough Council v McCann [2013] NICA 7. The Tribunal set out the relevant provisions of statutory dismissal procedure at paragraph 41 of the decision and referred to the case of Po......
- McCann’s (Colin) Application