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9 December 2010
Court of Appeal (Northern Ireland)
Higgins, Girvan, Coghlin LLJ
M was a driver. His dismissal for stealing was upheld on an internal appeal. He had a further right of appeal to an external body, the Labour Relations Agency (LRA). The LRA concluded he was guilty of gross misconduct but a lesser penalty than dismissal should have been imposed. His employer refused to reinstate him. He then brought a complaint of unfair dismissal, which would have been out of time if the effective date of termination was the original dismissal, but within time if the effective date of termination was the refusal to reinstate.
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