Stefan P. O'Connor

The Labour Court has determined that an academic adviser working at the Kuwaiti Cultural Office in Dublin may bring an unfair dismissal case which the Workplace Relations Commission had last year refused to hear on the grounds of diplomatic immunity, The Irish Times reports.

The case is being brought by Nada Kanj, a Lebanese-Irish dual national who is represented by Cullen, Tyrell & O’Beirne Solicitors.

Lawyers for Kuwait told the Labour Court that it had a right to invoke diplomatic immunity as her job touched on policy and governmental authority, whereas lawyers for Ms Kanj insisted her job was primarily administrative. Kuwaiti officials have up to six weeks to appeal to the High Court.

Solicitor Stefan P. O’Connor said the determination “represents a significant evolution in the law of sovereign immunity”.

He added: “The time has now passed when embassies or other diplomatic missions can dismiss employees with impunity and then hide behind arbitrary and outmoded immunities.

“We believe this case creates a level playing field for employees of such entities whose work is not necessarily of a diplomatic nature. It’s a sensible and modern approach to the working world for such employees.”