Praxis Care Group v Hope [2012] NICA 8 (30 April 2012)

Praxis Care Group v Hope [2012] NICA 8 (30 April 2012)

The majority of the tribunal was justified in finding that the effective cause of Ms Hope's resignation was the employer's breach of the implied term of mutual trust and confidence, supported by sufficient evidence and not perverse.

Citation
[2012] NICA 8
Parties
Appellant/respondent: Praxis Care Group; Respondent/claimant: Geraldine Hope
Jurisdiction
Northern Ireland
Judgment Date
30 April 2012
Procedural Posture
Appeal From Fair Employment Tribunal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Mutual Trust and Confidence, Disciplinary Proceedings
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Mutual Trust and Confidence Disciplinary Proceedings

Case Brief

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Parties

Praxis Care Group

Appellant/respondent

Geraldine Hope

Respondent/claimant

Procedural Posture

Appeal From Fair Employment Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the majority of the tribunal properly found constructive and unfair dismissal based on breach of implied term of mutual trust and confidence
  2. 2 Whether the tribunal's decision was perverse or unsupported by evidence

Ratio Decidendi

The majority of the tribunal was justified in finding that the effective cause of Ms Hope's resignation was the employer's breach of the implied term of mutual trust and confidence, supported by sufficient evidence and not perverse.

Court Disposition

appeal dismissed

Orders

  • Appeal by Praxis Care Group dismissed; tribunal's decision upheld.