Berber -v- Dunnes Stores Ltd [2009] IESC 10 (12 February 2009)

Berber -v- Dunnes Stores Ltd [2009] IESC 10 (12 February 2009)

The Supreme Court held that the employer's conduct, judged objectively and both individually and cumulatively, did not amount to a repudiation of the contract of employment or a breach of the implied term of mutual trust and confidence. The respondent's own conduct was found to be unreasonable in several respects. The employer's actions were reasonable and bona fide, and the injuries suffered by the respondent were not foreseeable. Therefore, the respondent was not entitled to damages for wrongful dismissal or personal injury. The only entitlement was to the sum awarded for bonus payments.

Citation
[2009] IESC 10
Parties
Plaintiff/respondent: Adam Berber; Defendant/appellant: Dunnes Stores Limited
Jurisdiction
Ireland
Judgment Date
12 February 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court judgment set aside except as to bonus award.
Legal Topics
Wrongful Dismissal, Constructive Dismissal, Implied Term of Mutual Trust and Confidence, Employer's Duty of Care, Personal Injury (psychiatric and Physical), Damages for Breach of Contract
Employment Law Contract Law Tort Law Wrongful Dismissal Constructive Dismissal Implied Term of Mutual Trust and Confidence Employer's Duty of Care Personal Injury (psychiatric and Physical) +1 more

Case Brief

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Parties

Adam Berber

Plaintiff/respondent

Dunnes Stores Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the respondent was wrongfully dismissed due to breach of the implied term of mutual trust and confidence in the contract of employment
  2. 2 Whether the respondent was entitled to damages for personal injury (psychiatric and physical) allegedly caused by the employer's conduct

Ratio Decidendi

The Supreme Court held that the employer's conduct, judged objectively and both individually and cumulatively, did not amount to a repudiation of the contract of employment or a breach of the implied term of mutual trust and confidence. The respondent's own conduct was found to be unreasonable in several respects. The employer's actions were reasonable and bona fide, and the injuries suffered by the respondent were not foreseeable. Therefore, the respondent was not entitled to damages for wrongful dismissal or personal injury. The only entitlement was to the sum awarded for bonus payments.

Court Disposition

Appeal allowed; High Court judgment set aside except as to bonus award.

Orders

  • Set aside the High Court judgment except for the award of €9,079.00 to the respondent in respect of bonus, which sum is to carry interest at the Courts Act rate from 1st June 2001.