Hostname: page-component-7479d7b7d-fwgfc Total loading time: 0 Render date: 2024-07-13T01:23:17.789Z Has data issue: false hasContentIssue false

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

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)