Driver v Air India Ltd

Driver v Air India Ltd

Mr Driver is entitled to recover judgment for contractual allowances and overtime as calculated, with interest awarded at specified rates and periods, reflecting the employer's failure to resolve claims after termination.

Parties
Appellant/claimant: Driver; Respondent/defendant: Air India Ltd
Jurisdiction
England and Wales
Judgment Date
12 August 2011
Procedural Posture
Civil Appeal / Final Quantum Decision
Outcome
judgment for claimant
Legal Topics
Quantum of Damages, Overtime Entitlement, Allowances, Interest on Judgment
Employment Law Contract Law Quantum of Damages Overtime Entitlement Allowances Interest on Judgment

Case Brief

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Parties

Driver

Appellant/claimant

Air India Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Final Quantum Decision

Legal Issues

  1. 1 quantum of damages recoverable
  2. 2 entitlement to overtime under two contracts
  3. 3 calculation of allowances

Ratio Decidendi

Mr Driver is entitled to recover judgment for contractual allowances and overtime as calculated, with interest awarded at specified rates and periods, reflecting the employer's failure to resolve claims after termination.

Court Disposition

judgment for claimant

Orders

  • Judgment in favour of Mr Driver for £77,068.26
  • Interest at 8% from 1 February 2007 to 31 August 2008