US Embassy claims diplomatic immunity in unfair dismissal case

John Greene, a former security guard at the embassy , is taking an unfair dismissal case before the Employment Appeals Tribunal

The US Embassy has claimed diplomatic immunity in an unfair dismissal case before the Employment Appeals Tribunal.
The US Embassy has claimed diplomatic immunity in an unfair dismissal case before the Employment Appeals Tribunal.

The US Embassy has claimed diplomatic immunity in an unfair dismissal case before the Employment Appeals Tribunal.

The tribunal is hearing a case in which John Greene, a security guard at the embassy, claimed he was unfairly dismissed from his job in 2013.

Counsel for Mr Greene, Claire Bruton, said Mr Greene was employed on a salary of € 34, 992 and was dismissed in September 2013.

Alan Haugh, counsel for the Embassy, consented to an amendment of documents naming the government of the United States as defendant in the matter.

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However as the case got underway he told the tribunal the Embassy and the US government would be claiming sovereign immunity which he said was guaranteed to diplomatic missions by the Irish Constitution.

Ms Bruton replied that she would cite case law to show that sovereign immunity was only conferred on restricted sections and personnel in a diplomatic mission.

If the embassy wanted to claim sovereign immunity over Mr Greene’s employment then it would have to come to the tribunal and give evidence as to the nature of his employment, she said.

After an adjournment to consider issues the tribunal ruled that submissions on the question of sovereign immunity should be exchanged by the parties by June 15th.

The submissions should be lodged with the tribunal by June 17th, and the tribunal would sit again to hear the case a month later on July 17th.

Tim O'Brien

Tim O'Brien

Tim O'Brien is an Irish Times journalist