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Unfair Dismissal ― embassy employee ― sovereign immunity HEADNOTES Facts The claimant was employed in the United States Embassy. When she was dismissed she instituted proceedings alleging that her dismissal was unfair. At the hearing the respondent claimed sovereign immunity and disputed the jurisdiction of the Employment Appeals Tribunal to hear the case. Decision As the respondent was entitled to claim sovereign immunity and did so at the hearing, the Tribunal had no jurisdiction to hear the case. Law Applied The general principles of public international law. JUDGMENT The determination of the Employment Appeals Tribunal was as follows: Ms Nora Farrell (the claimant) was employed in the Embassy of the United States Government (the Embassy) in Dublin from the 24th January 1994 until the 20th October 2000 when she was dismissed. She lodged a claim for redress under the Unfair Dismissals Acts 1977-1993 with the Employment Appeals Tribunal (the Tribunal) and subsequently the matter came on for hearing on the 3rd April 2002. Counsel for the Embassy asserted that the Tribunal did not have jurisdiction to hear this case because the Embassy was entitled to and was claiming sovereign immunity. Counsel for the claimant claimed that the Embassy
International Labour Law Reports Online – Brill
Published: Jan 1, 2001
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