Irish Prison Service v Robert Cunningham and The Labour Court [2021]
Posted In: Case Law-
Decision Number
IECA 19 -
Legal Body
Court of Appeal (IECA) -
Type of Claim / Jurisdiction
Discrimination, Tribunal Practice, Procedures and Jurisdictional Issues
The Court of Appeal ("COA") recently considered, as a preliminary point, whether it had jurisdiction to consider an appeal by Irish Prison Service ("IPS") of a decision of the High Court. Mr. Cunningham, a prison officer employed by the IPS, claimed that the COA was not permitted to hear the appeal as the applicable legislation, the Employment Equality Acts and the Workplace Relations Act 2015, did not provide for a further right of appeal from the High Court.
Equality Complaint
During the course of his employment as a prison officer, Mr Cunningham suffered a number of back injuries, resulting in him having to undergo a number of operations. Following surgery in February 2015, the Chief
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