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Labour Court’s dismissal determination overturned and remitted for rehearing
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High Court allows an appeal against the Labour Court's decision, setting aside its determination and remitting the case for a fresh hearing. The Labour Court had previously declined to consider evidence related to protected disclosures when assessing the appellant's claim of unfair dismissal, focusing instead on the appellant's employment status. The High Court found this to be a legal error, as the Labour Court should have allowed the appellant to present evidence on all relevant issues, including those not raised at the first instance. Additionally, the High Court found that the Labour Court's reliance on the mutuality of obligation test to determine employment status was incorrect, following the Supreme Court's recent decision in a similar case.
Unfair Dismissals Act, Labour Court, High Court, protected disclosures, employment status, mutuality of obligation, de novo appeal, Workplace Relations Commission (WRC), adjudication officer, employment rights, statutory powers, appellate jurisdiction, Supreme Court, employment law, remuneration, control test, business on one's own account test, legal error, remedy, compensation, remit for rehearing.
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