Kerr LCJ said: ‘A number of recent appeals from decisions of the Fair Employment/Industrial tribunals have involved challenges to conclusions reached on preliminary points – see, for instance, Bombadier Aerospace v McConnell and Cunningham v Ballylaw Foods. While I do not suggest that the hearing of a preliminary issue will never be appropriate for determination by a tribunal, I consider that the power to determine a preliminary point should be sparingly exercised. It is, I believe, often difficult to segregate in a wholly compartmentalised way a single issue in this field from other material that may have relevance to the matter to be decided.’
Kerr LCJ, Higgins LJ and Girvan LJ
[2007] NICA 43, [2008] 4 BNIL 34
Bailii
Northern Ireland
Citing:
Appeal from – Ryder v Northern Ireland Policing Board FENI 20-Jan-2006
. .
Cited by:
Cited – SCA Packaging Ltd v Boyle (Northern Ireland) HL 1-Jul-2009
The claimant suffered a condition which would lead to the development of vocal nodules unless she followed a program which would allow her to avoid raising her voice. She said that employer should not have placed her within a noisy environment. The . .
Cited – Lee v Ashers Baking Company Ltd and Others SC 10-Oct-2018
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.261675