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McMaster v Antrim Borough Council - time for lodging an unfair dismissal claim

Although the 3 month time limit for lodging an unfair dismissal claim runs from the date of dismissal, time starts to run afresh if an employee's contract provides that an appeal body's recommendation that he should be reinstated is binding on the employer but the employer fails to reinstate him after such a recommendation had been made.

Mr McMaster was employed by Antrim Council as a driver of a waste recycling vehicle.  Against the rules, he took a length of plastic pipe for himself and was summarily dismissed for gross misconduct.

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