Jersey Judgment

Golder v Peak [1966] JJ 555 (10 February 1966)

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Professional case brief

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Source document

01

Holding and result

Acting to one's own advantage, without acting against the company's interest, does not constitute grounds for summary dismissal of a managing director.

Court disposition

dismissal not justified

02

Material facts

Parties

Golder

Applicant

Peak

Respondent

03

Procedural history

  1. Posture

    Employment / Judgment

04

Questions and positions

Legal issues

Whether summary dismissal of a managing director is justified when discretion is exercised for personal advantage but not against the company's interest.

Party arguments

Applicant
The managing director's actions, though to his own advantage, were not against the company's interest and thus do not justify summary dismissal.
Respondent
Summary dismissal is justified if the managing director acts to his own advantage, regardless of company interest.

05

Court’s reasoning

  1. 01

    Judgment summary

    Dismissal of a managing director is only justified if discretion is exercised improperly, specifically against the company's interest.

06

Ratio, limits and disposition

Ratio decidendi

Acting to one's own advantage, without acting against the company's interest, does not constitute grounds for summary dismissal of a managing director.

Court disposition

dismissal not justified

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1966] JJ 555

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BAILII >> Databases >> Jersey Law Reports >> Golder v Peak [1966] JJ 555 (10 February 1966) URL: https://www.bailii.org/je/cases/JLR/1966/JLR660555.html Cite as: [1966] JJ 555 [ New search ] [ Help ] Golder v Peak 1966 J. J. 555 (10 February 1966) Employment-termination-summary dismissal-misconduct-managing director permitted exercise of discretion-dismissal only justified if discretion exercised improperly-acting to own advantage but not against company's interest no ground for dismissal The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1966 J. J. 555 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1966/JLR660555.html

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