McCormick v Short Brothers Plc [2010] NICA 14 (16 April 2010)

McCormick v Short Brothers Plc [2010] NICA 14 (16 April 2010)

It was not perverse or irrational for the employer's manager to mark down the claimant on attitude and ability to work unsupervised based on the claimant's refusal to follow suggested work practices; such marking was within the range of reasonable responses of a reasonable employer.

Citation
[2010] NICA 14
Parties
Claimant/respondent: Steven McCormick; Respondent/appellant: Short Brothers Plc
Jurisdiction
Northern Ireland
Judgment Date
16 April 2010
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Decision
Outcome
Appeal allowed; Tribunal's determination overturned
Legal Topics
Unfair Dismissal, Redundancy, Selection Criteria, Industrial Tribunal Procedure
Employment Law Unfair Dismissal Redundancy Selection Criteria Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Steven McCormick

Claimant/respondent

Short Brothers Plc

Respondent/appellant

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Decision

Legal Issues

  1. 1 Whether the marking down of the claimant on 'attitude' and 'ability to work unsupervised' was perverse and irrational
  2. 2 Whether the dismissal was outside the range of reasonable responses of a reasonable employer

Ratio Decidendi

It was not perverse or irrational for the employer's manager to mark down the claimant on attitude and ability to work unsupervised based on the claimant's refusal to follow suggested work practices; such marking was within the range of reasonable responses of a reasonable employer.

Court Disposition

Appeal allowed; Tribunal's determination overturned

Orders

  • The Court of Appeal answered the question posed in the case stated: NO