Welsh National Opera Ltd v Johnston

Welsh National Opera Ltd v Johnston

The WNO/MU Agreement's poor artistic performance procedure applies to all aspects of artistic performance, including ensemble playing. Departing from this procedure and subjecting the respondent to a disciplinary process, even a modified one, was a legal error and procedurally unfair.

Parties
Appellant: Welsh National Opera Ltd; Respondent: Murray Johnston
Jurisdiction
England and Wales
Judgment Date
31 July 2012
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed; case remitted for remedies hearing only
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Collective Agreements, Procedural Fairness
Employment Law Unfair Dismissal Disciplinary Procedure Collective Agreements Procedural Fairness

Case Brief

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Parties

Welsh National Opera Ltd

Appellant

Murray Johnston

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the dismissal of the respondent was procedurally fair under the applicable collective agreement and disciplinary procedures
  2. 2 Whether ensemble playing falls within the scope of 'poor artistic performance' under the WNO/MU Agreement

Ratio Decidendi

The WNO/MU Agreement's poor artistic performance procedure applies to all aspects of artistic performance, including ensemble playing. Departing from this procedure and subjecting the respondent to a disciplinary process, even a modified one, was a legal error and procedurally unfair.

Court Disposition

Appeal dismissed; case remitted for remedies hearing only

Orders

  • WNO's appeal is dismissed
  • Case remitted to the Employment Tribunal for a remedies hearing only