Clark v Clark Construction Initiatives Ltd. & Anor

Clark v Clark Construction Initiatives Ltd. & Anor

The tribunal's citation of untraceable authorities was a venial fault and did not undermine the overall reasoning or outcome; the determination met the required standards of judicial reasoning and the appeal should be dismissed.

Parties
Appellant: Clark; Respondent: Clark Construction Initiatives Ltd & Another
Jurisdiction
England and Wales
Judgment Date
17 December 2008
Procedural Posture
Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Public Interest Disclosure, Costs, Written Terms of Employment, Notice Period, Judicial Reasoning Standards
Employment Law Unfair Dismissal Public Interest Disclosure Costs Written Terms of Employment Notice Period Judicial Reasoning Standards

Case Brief

Summary, issues, holding and outcome

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Parties

Clark

Appellant

Clark Construction Initiatives Ltd & Another

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the employment tribunal's reasoning failed the required standards of candour, intelligibility, transparency, and coherence
  2. 2 Whether reference to untraceable or uncanvassed authorities vitiated the tribunal's decision
  3. 3 Whether the duration of employment was a jurisdictional issue

Ratio Decidendi

The tribunal's citation of untraceable authorities was a venial fault and did not undermine the overall reasoning or outcome; the determination met the required standards of judicial reasoning and the appeal should be dismissed.

Court Disposition

Appeal dismissed