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Can EAT and LRC cases refer to other cases?

  • 17-04-2014 8:08pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Question, if two different employees take individual, but similar, LRC/EAT cases against the same company, can one refer the other?

    Or would do they have to be without prejudice?

    And my thanks in advance to anyone taking the time to reply


Comments

  • #2
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Thread moved to the legal discussion forum


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    aworriedworker wrote: »
    Question, if two different employees take individual, but similar, LRC/EAT cases against the same company, can one refer the other?

    Or would do they have to be without prejudice?

    And my thanks in advance to anyone taking the time to reply

    It is not clear what you are asking.

    Are you asking if the cases should be linked, or heard together? I don't see any general reason why they should, if they refer to different employees.

    Maybe an example would help:

    Steve Smith and Jim Jones both work for Acme Ltd. They are both unfairly dismissed.

    Jim Jones appeals to the Employment Appeals Tribunal (EAT) about his unfair dismissal. The EAT will hear the case.

    Steve Smith makes a complaint about his unfair dismissal to a Rights Commissioner. Under the relevant legislation, Acme Ltd. is permitted to object to the Rights Commissioner hearing an unfair dismissals complaint, in which case the EAT will have to deal with the matter. However, this has nothing to do with the Jim Jones case, whatsoever. If Acme Ltd does not object to the Rights Commissioner, the Rights Commissioner will hear the complaint, as normal.


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