B-Lex Ltd -v- Fields [2007] IEHC 437 (03 December 2007)

B-Lex Ltd -v- Fields [2007] IEHC 437 (03 December 2007)

The Tribunal erred in law by failing to find that the defendant had repudiated his contract of employment, breaching his duty of good faith and fidelity, and was not entitled to minimum notice payment. Additionally, the Tribunal erred by awarding three months' salary, which was not claimed or notified to the plaintiff, violating principles of natural and constitutional justice.

Citation
[2007] IEHC 437
Parties
Plaintiff: B-Lex Limited; Defendant: James Fields
Jurisdiction
Ireland
Judgment Date
03 December 2007
Procedural Posture
Appeal From Employment Appeals Tribunal Determination / High Court Judgment
Outcome
Appeal allowed; Tribunal determination set aside in respect of minimum notice component.
Legal Topics
Payment of Wages, Minimum Notice, Termination of Employment, Natural Justice
Employment Law Payment of Wages Minimum Notice Termination of Employment Natural Justice

Case Brief

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Parties

B-Lex Limited

Plaintiff

James Fields

Defendant

Procedural Posture

Appeal From Employment Appeals Tribunal Determination / High Court Judgment

Legal Issues

  1. 1 Whether the defendant was entitled to minimum notice payment under the Payment of Wages Act, 1991
  2. 2 Whether the defendant repudiated his contract of employment
  3. 3 Whether the Tribunal erred in awarding three months' salary as minimum notice

Ratio Decidendi

The Tribunal erred in law by failing to find that the defendant had repudiated his contract of employment, breaching his duty of good faith and fidelity, and was not entitled to minimum notice payment. Additionally, the Tribunal erred by awarding three months' salary, which was not claimed or notified to the plaintiff, violating principles of natural and constitutional justice.

Court Disposition

Appeal allowed; Tribunal determination set aside in respect of minimum notice component.

Orders

  • Order that the Tribunal erred in law in failing to set aside so much of the decision of the Rights Commissioner as found that the defendant had an entitlement to a minimum of two weeks’ notice and as awarded the defendant compensation in the sum of €1,486 (net).