Patrick J. Kelly v. The Minister For Agriculture

Posted In: Case Law
  • Decision Number
    IESC 28
  • Legal Body
    Irish Supreme Court (IESC)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Policies and Procedures
Issues covered: Objective Bias; Disciplinary Process

The recent judgement of the Supreme Court in Patrick J. Kelly v. the Minister for Agriculture and others, quashed the dismissal of the former harbour master, Mr. Patrick Kelly (the “Employee”), on the basis that the decision was tainted by objective bias.

This is an important judgement for a number of reasons. Not only because of the protracted nature of the legal proceedings, which, as described by Justice Charleton “involved a saga of four years of investigation…an appeal process spread over three days, ten days of argument in the High Court and two in the Court of Appeal.” It also highlights the pervasive effect that an objective perception of bias can have on a decision-making process.

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This article is correct at 16/06/2021
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Sheila Spokes
Leman Solicitors

The main content of this article was provided by Sheila Spokes. Contact telephone number is +353 1 639 3000 or email info@leman.ie

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