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Disciplinary rules and procedures: Flawed appeal procedure rendered dismissal unfair

This report relates to 1 case(s)

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    Cabaj v Westminster City Council [1994] IRLR 530 EAT (0 other reports)

An employee whose internal appeal against dismissal was heard and decided by an improperly constituted appeals tribunal was unfairly dismissed, holds the EAT in Cabaj v Westminster City Council. The industrial tribunal had been wrong to find that this defect was merely a "procedural error", when the employee had been deprived of a right under his contract of employment, so that no effective appeal hearing had taken place.

Mr Cabaj was employed by Westminster City Council as a senior computer programmer.