William John McConnell and Glenn Larmour and Bombardier Aerospace-Shorts Bros PLC
| Jurisdiction | Northern Ireland |
| Judge | Campbell LJ |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NICA 50 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 16 October 2008 |
1
Neutral Citation No.: [2008] NICA 50 Ref:
CAM7270
Judgment: approved by the Court for handing down Delivered:
16/10/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
IN THE MATTER OF THE EMPLOYMENT RIGHTS
(NORTHERN IRELAND) ORDER 1996
AND IN THE MATTER OF THE DECISION OF THE INDUSTRIAL
TRIBUNAL DATED 6 SEPTEMBER 2007
________
BETWEEN:
WILLIAM JOHN McCONNELL AND GLENN LARMOUR
Appellants;
-and-
BOMBARDIER AEROSPACE – SHORT BROS PLC
Respondent.
________
SIR ANTHONY CAMPBELL
The background.
[1] The appellants claim that when a number of workers were made
redundant by the respondents the principal ground upon which they were
selected was in the case of one of the appellant’s trade union activity as a shop
steward and of the other trade union activity as a shop steward, together with
his responsibilities as a health and safety representative.
[2] Each of the appellants applied for interim relief under Article 163 of the
Employment Rights (Northern Ireland) Order 1996 (the Order) and at a
preliminary hearing the Tribunal held that as it was arguable that their claims
fell within Article 132 and Article 136 of the Order it had jurisdiction under
Article 163 to hear their applications for interim relief.
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Boyle v SCA Packaging Ltd
... ... , for instance, Bombadier Aerospace v McConnell and Cunningham v Ballylaw Foods ... While I do ... ...
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Mr A Marshall and others v The Doctors Laboratory Ltd: 2203491/2020 and others
...reorganisation that can be some other substantial reason justifying dismissal – not redundancy. McConnell v Bombardier Aerospace (2009) IRLR 201 is a case where redundancy was held more likely to be the reason than trade union activity when refusing interim relief. 10.2 Judgment - rule 61 C......
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Wrottesley v Revenue and Customs Commissioners
...involved challenges to conclusions reached on preliminary points see, for instance, McConnell v Bombardier Aerospace Short Bros plc UNK[2009] IRLR 201 and Cunningham v Ballylaw Foods Ltd [2007] NICA 7. While I do not suggest that the hearing of a preliminary issue will never be appropriate ......
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