Employer v Employee [2013]

Posted In: Case Law
  • Case Reference
    UD1146/2011
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Contracts of Employment
Issues covered: Unfair Dismissal Acts 1977 TO 2007; Constructive dismissal; No written contract

Our third unfair dismissal case involved a computer engineer based in Ireland but controlled by the employer from the USA. After one or two issues regarding time off and a telephone conversation between the employee and employer, the employer arrived in Ireland the next day and had a conversation about the claimant's performance. The claimant resigned, said he would work his notice, then recinded that decision and left that day. 

The EAT was split on this case. One of the panel thought the claimant had not shown enough of a fundamental breach of contract to justify resignation and a subsequent claim of constructive dismissal. The majority, however, found in favour of the claimant. They

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This article is correct at 01/11/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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