Shannon v Gerry McManus Plant Hire Ltd(I... [2009] NIIT 797_08IT (29 September 2009)

Shannon v Gerry McManus Plant Hire Ltd(I... [2009] NIIT 797_08IT (29 September 2009)

The respondent's course of conduct, including non-payment of contractual entitlements, undermining the claimant's authority, failure to provide adequate support, and aggressive behaviour, amounted to a repudiatory breach of contract entitling the claimant to resign and claim constructive unfair dismissal. The grievance procedure was properly followed and the claim was presented in time. The respondent failed to show a potentially fair reason for dismissal.

Citation
[2009] NIIT 797_08IT
Parties
Claimant: Hugh Gerard Shannon; First Named Respondent: Gerry McManus Plant Hire Ltd (In Liquidation); Second Named Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
29 September 2009
Procedural Posture
Industrial Tribunal Unfair Dismissal and Breach of Contract / Final Decision
Outcome
Claim upheld. The claimant was unfairly dismissed and suffered breach of contract.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Breach of Contract, Unlawful Deduction From Wages, Overtime Pay, Sick Pay, Statutory Grievance Procedures
Employment Law Unfair Dismissal Constructive Dismissal Breach of Contract Unlawful Deduction From Wages Overtime Pay Sick Pay Statutory Grievance Procedures

Case Brief

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Parties

Hugh Gerard Shannon

Claimant

Gerry McManus Plant Hire Ltd (In Liquidation)

First Named Respondent

Department for Employment and Learning

Second Named Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal and Breach of Contract / Final Decision

Legal Issues

  1. 1 Whether the claimant's grievance letter satisfied statutory requirements
  2. 2 Whether the unfair dismissal complaint was presented in time
  3. 3 Whether the claimant was dismissed and if so, whether the dismissal was fair

Ratio Decidendi

The respondent's course of conduct, including non-payment of contractual entitlements, undermining the claimant's authority, failure to provide adequate support, and aggressive behaviour, amounted to a repudiatory breach of contract entitling the claimant to resign and claim constructive unfair dismissal. The grievance procedure was properly followed and the claim was presented in time. The respondent failed to show a potentially fair reason for dismissal.

Court Disposition

Claim upheld. The claimant was unfairly dismissed and suffered breach of contract.

Orders

  • First-named respondent to pay the claimant £19,567.99 compensation, comprising a basic award of £2,178, compensatory award of £16,570.95, unpaid overtime of £419.04, and unpaid sick pay of £400.