High Court Clarifies the Scope of a De Novo Appeal to the Labour Court

The High Court judgement of Ms. Justice Bolger in Padraic Hanley v. PBR Restaurants Ltd t/a Fish Shack Café [2024] IEHC 662 delivered on 19th November 2024 gives clarification to the scope of a de novo hearing before the Labour Court. It may also permit Complainants to change strategy between the WRC hearing and the Labour Court hearing.

Facts: This case was an appeal of the Labour Court decision to the High Court on a point of law. The Appellant had lodged a number of claims including an unfair dismissal claim under section 8 of the Unfair Dismissals Act to the Workplace Relations Commission (“WRC”) on 21st October 2020. The narrative in the WRC Complaint Form stated that there was a breakdown in his relationship with management which he claimed led to a sham redundancy.

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