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The Government of Canada v. The Employment Appeals Tribunal and Burke

Ireland.  14 March 1991 ; 12 March 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Employment — Canada employing chauffeur with Canadian embassy in Dublin — Claim for unfair dismissal before Employment Appeals Tribunal — Unfair Dismissals Act 1977 — Whether Tribunal having jurisdiction to hear claim against foreign sovereign State — Canada claiming State immunity — Whether doctrine of absolute State immunity applicable — Whether doctrine of restrictive State immunity applicable — Distinction between jure gestionis and jure imperii — Whether driving for embassy commercial or governmental act

Relationship of international law and municipal law — State immunity — Generally recognized principle of international law — Whether part of municipal law — Constitution of Ireland, Article 29(3) — The law of Ireland

Type
Case Report
Copyright
© Cambridge University Press 1994

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