Baxter v Cavehill Funeral Services Limi... [2012] NIIT 00113_09IT (17 January 2012)

Baxter v Cavehill Funeral Services Limi... [2012] NIIT 00113_09IT (17 January 2012)

The claimant's delay and failure to provide necessary accounts information to the company accountant, despite company anxiety, meant the respondent's conduct did not amount to a fundamental breach of contract entitling the claimant to resign and claim constructive dismissal.

Citation
[2012] NIIT 00113_09IT
Parties
Claimant: Glen Baxter; Respondent: Cavehill Funeral Services Limited
Jurisdiction
Northern Ireland
Judgment Date
17 January 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
claim dismissed
Legal Topics
Constructive Dismissal, Implied Terms, Mutual Trust and Confidence, Contributory Conduct
Employment Law Constructive Dismissal Implied Terms Mutual Trust and Confidence Contributory Conduct

Case Brief

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Parties

Glen Baxter

Claimant

Cavehill Funeral Services Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed by the respondent

Ratio Decidendi

The claimant's delay and failure to provide necessary accounts information to the company accountant, despite company anxiety, meant the respondent's conduct did not amount to a fundamental breach of contract entitling the claimant to resign and claim constructive dismissal.

Court Disposition

claim dismissed