McMaster (David) v Antrim Borough Council
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 2010 |
| Neutral Citation | [2010] NICA 45 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 09 December 2010 |
Neutral Citation No. [2010] NICA 45 Ref:
COG8007
Judgment: approved by the Court for handing down Delivered:
9/12/10
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
IN THE MATTER OF AN APPEAL FROM A DECISION OF
THE INDUSTRIAL TRIBUNAL
BETWEEN:
DAVID McMASTER
Claimant/Appellant
and
ANTRIM BOROUGH COUNCIL
Respondent
________
Before: HIGGINS LJ, GIRVAN LJ and COGHLIN LJ
________
COGHLIN LJ (delivering the judgment of the court)
[1] The appellant, David McMaster, brings this appeal from a decision of
the Industrial Tribunal dated 21 April 2010 dismissing the appellant’s claims
for unfair dismissal upon the ground that the appellant’s claim had not been
brought within a period of 3 months beginning with the effective date of
termination of the appellant’s contract contrary to Article 145(2) of the
Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”). For
the purposes of the appeal the appellant was represented by Mr Brian McKee
while Mr Conor Hamill appeared on behalf of the respondent. The court
wishes to acknowledge the assistance that it derived from the carefully
prepared and succinct skeleton arguments and oral submissions of both
counsel.
The Background Facts
[2] The appellant was employed by the respondent as a driver in one of its
household recycling centres between January 2005 and June 2007. During the
course of the formal training that he received it was made clear to the
appellant that the removal of any waste for payment was an offence
constituting gross misconduct. In his evidence before the tribunal the
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20 cases
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McFarland vs Kincull Ltd t/a Ulster
...part of the entire disciplinary process (see further First Hampshire & Dorset Ltd v Parhar [2012] UKEAT/0643]). In McMaster v Antrim BC [2010] NICA 45, Coghlin LJ “The fundamental purpose served by an agreed appeal disciplinary procedure is to ensure that both sides have a full and fair opp......
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Bell vs Primark Stores Ltd,Brian McKeown,Rhonda Armstrong,Damien McCloskey,Brendan Wallace
...part of the entire disciplinary process (see further First Hampshire & Dorset Ltd v Parhar [2012] UKEAT/0643]). In McMaster v Antrim BC [2010] NICA 45, Coghlin LJ emphasised:- The fundamental purpose served by an agreed appeal disciplinary procedure is to ensure that both sides have a full ......
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O'Melvena vs RGM Construction Limited
...part of the entire disciplinary process (see further First Hampshire & Dorset Ltd v Parhar [2012] UKEAT/0643]). In McMaster v Antrim BC [2010] NICA 45, Coghlin LJ emphasised:- The fundamental purpose served by an agreed appeal disciplinary procedure is to ensure that both sides have a full ......
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Ramesh Patel v Folkestone Nursing Home Ltd
...the appellant was bound by the result to the same extent as the respondent. 44 Later authorities are to the same effect: McMaster v Antrim Borough Council [2010] NICA 45; [2011] IRLR 235, Northern Ireland Court of Appeal, and Ladbrokes Betting & Gaming Ltd v Ally [2006] UKEAT/0260/06; [200......
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