Hewitt v Commander Securities Ltd [2015] NIIT 00835_14IT (11 September 2015)

Hewitt v Commander Securities Ltd [2015] NIIT 00835_14IT (11 September 2015)

The claimant was not dismissed, nor constructively dismissed; he resigned as evidenced by unambiguous language in solicitor correspondence. The claim for outstanding wages was not an unlawful deduction but a breach of contract, and the tribunal awarded the statutory maximum of £25,000 for breach of contract. Other claims were dismissed.

Citation
[2015] NIIT 00835_14IT
Parties
Claimant: Peter Allen Hewitt; Respondent: Commander Securities Limited
Jurisdiction
Northern Ireland
Judgment Date
11 September 2015
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim for breach of contract upheld; other claims dismissed.
Legal Topics
Constructive Dismissal, Automatic Unfair Dismissal, Breach of Contract, Unlawful Deduction of Wages
Employment Law Constructive Dismissal Automatic Unfair Dismissal Breach of Contract Unlawful Deduction of Wages

Case Brief

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Parties

Peter Allen Hewitt

Claimant

Commander Securities Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was automatically unfairly dismissed or constructively dismissed
  2. 2 Whether the claimant was entitled to notice pay and unpaid wages
  3. 3 Whether there was a breach of contract or unlawful deduction of wages

Ratio Decidendi

The claimant was not dismissed, nor constructively dismissed; he resigned as evidenced by unambiguous language in solicitor correspondence. The claim for outstanding wages was not an unlawful deduction but a breach of contract, and the tribunal awarded the statutory maximum of £25,000 for breach of contract. Other claims were dismissed.

Court Disposition

Claim for breach of contract upheld; other claims dismissed.

Orders

  • Respondent to pay claimant £25,000 for breach of contract.
  • All other claims dismissed.