Patrick J. Kelly v The Minister for Agriculture, Fisheries and Food and others [2019]

Posted In: Case Law
  • Decision Number
    IECA 299
  • Legal Body
    Court of Appeal (IECA)
  • Type of Claim / Jurisdiction
    Dismissal, Contracts of Employment
Issues covered: Unfair Dismissal; Right to Fair Procedures

The Complainant was appointed to the position of harbour master at Killybegs Fishery Harbour Centre in 1996. One of the terms and conditions in his contract of employment stipulated that the Complainant could not be “connected with any outside business which would interfere with the performance of his official duties”.

Despite this condition, the Complainant was a Director and 1% Shareholder of North West Marines Services Limited. The Complainant also provided commercial pilotage services to vessels using the harbour.

The main issue analysed by the court was whether or not the Complainant was entitled to carry out these activities, and whether he did so for personal gain. The Complainant

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This article is correct at 09/01/2020

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