22 May 2008
SALT V FELL CA CA263/06
- Citation
- openlaw-60103447_4225_4380_a29c_1905277bf257.pdf
- Court
- Court of Appeal
The court dismissed the appeal. The majority held that subsequently discovered information could not be used under s 124 to justify reduction of remedies tied solely to the employer's knowledge at dismissal, but such information can and should be considered under the remedial provisions of s 123 (and relevantly s 128) when determining appropriate remedies; in any event post-dismissal misconduct relied upon must be reasonably connected to the reasons given for dismissal and proved to the court's satisfaction.