Catholic waiter awarded £10,000 after dismissal

A Catholic who was sacked from his job as a waiter at a Belfast hotel was today awarded £10,000 sterling (€16,015) for "loss …

A Catholic who was sacked from his job as a waiter at a Belfast hotel was today awarded £10,000 sterling (€16,015) for "loss of opportunity" by judges at the European Court of Human Rights in Strasbourg.

They accepted Mr Liam Devenny's claim that his dismissal was a breach of his human rights because he was not given a "fair hearing" by an employment tribunal.

Mr Devenny was the only Catholic among the full-time staff in the restaurant of the Culloden Hotel. Following his dismissed without explanation in October 1992 he complained to the Fair Employment Tribunal of illegal discrimination on grounds of "religious belief or political opinion".

But his case was never heard because a "Section 42" certificate signed by the then Northern Ireland secretary had been issued in respect of Mr Devenny.

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It stated his contract of employment had been terminated in order to protect public safety and public order - a provision which by-passes normal employment protection laws.

The Tribunal therefore rejected Mr Devenny's claim - but today the human rights judges said that meant he had been denied a "fair hearing" as safeguarded by the Human Rights Convention which Britain has signed.

The issue of a Section 42 certificate effectively denied him access to a court, said the judges.

Mr Devenny was also awarded £2,500 (€4,003) in legal costs and expenses.

PA