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

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 actRelationship 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