Grewals (Mauritius) Ltd v Koo Seen Lin
The Board found Grewals committed a repudiatory breach amounting to constructive dismissal, but Koo Seen Lin's conduct justified dismissal, entitling him only to severance pay at the standard rate. The value of the company car was not to be apportioned for severance calculation.
- Parties
- Appellant/respondent: Grewals (Mauritius) Ltd; Appellant/respondent: Koo Seen Lin
- Jurisdiction
- England and Wales
- Judgment Date
- 05 May 2016
- Procedural Posture
- Appeal / Judgment
- Outcome
- Both appeals dismissed.
- Legal Topics
- Constructive Dismissal, Severance Pay, Misconduct, Conflict of Interest
Case Brief
Summary, issues, holding and outcome
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Parties
Grewals (Mauritius) Ltd
Appellant/respondent
Koo Seen Lin
Appellant/respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether Koo Seen Lin was constructively dismissed or dismissed by letter dated 22 April 2002
- 2 Whether Koo Seen Lin was guilty of misconduct justifying dismissal
- 3 Entitlement to severance pay and its rate
Ratio Decidendi
The Board found Grewals committed a repudiatory breach amounting to constructive dismissal, but Koo Seen Lin's conduct justified dismissal, entitling him only to severance pay at the standard rate. The value of the company car was not to be apportioned for severance calculation.
Court Disposition
Both appeals dismissed.
Orders
- Parties invited to make written submissions as to costs within 14 days from promulgation of judgment.
Full Case Text
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