McFeely v Declan Corry Musgrave Retail Partners Ltd N... DNA Retail Limited Post Office [2013] NIIT 248_13IT (01 August 2013)

McFeely v Declan Corry Musgrave Retail Partners Ltd N... DNA Retail Limited Post Office [2013] NIIT 248_13IT (01 August 2013)

The tribunal found the respondent had a reasonable suspicion amounting to a belief in the claimant’s misconduct, had reasonable grounds for that belief, and carried out as much investigation as was reasonable in the circumstances. The disciplinary and appeal procedures were fair and transparent. The claimant’s failures in management duties, including non-compliance with required procedures, justified dismissal for gross misconduct. The dismissal was within the range of reasonable responses open to a reasonable employer. The only contractual entitlement due was one week’s holiday pay for 2011 and overtime worked between 10 April 2010 and 14 January 2012 at the contractual rate.

Citation
[2013] NIIT 248_13IT
Parties
Claimant: Geralyn Mary McFeely; Respondent: Declan Corry; Respondent: Musgrave Retail Partners Ltd NI; Respondent: DNA Retail Limited; Respondent: Post Office
Jurisdiction
Northern Ireland
Judgment Date
01 August 2013
Procedural Posture
Industrial Tribunal (northern Ireland) Unfair Dismissal and Contractual Entitlements / Final Judgment After Full Hearing
Outcome
Claimant's unfair dismissal complaint dismissed; claim for breach of contract partially upheld.
Legal Topics
Unfair Dismissal, Breach of Contract, Holiday Pay, Overtime Pay, Disciplinary Procedures, Gross Misconduct, TUPE Transfers
Employment Law Unfair Dismissal Breach of Contract Holiday Pay Overtime Pay Disciplinary Procedures Gross Misconduct TUPE Transfers

Case Brief

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Parties

Geralyn Mary McFeely

Claimant

Declan Corry

Respondent

Musgrave Retail Partners Ltd NI

Respondent

DNA Retail Limited

Respondent

Post Office

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Unfair Dismissal and Contractual Entitlements / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed by the respondent
  2. 2 Whether the respondent failed to pay the claimant statutory or contractual entitlements (notice, holidays, overtime)

Ratio Decidendi

The tribunal found the respondent had a reasonable suspicion amounting to a belief in the claimant’s misconduct, had reasonable grounds for that belief, and carried out as much investigation as was reasonable in the circumstances. The disciplinary and appeal procedures were fair and transparent. The claimant’s failures in management duties, including non-compliance with required procedures, justified dismissal for gross misconduct. The dismissal was within the range of reasonable responses open to a reasonable employer. The only contractual entitlement due was one week’s holiday pay for 2011 and overtime worked between 10 April 2010 and 14 January 2012 at the contractual rate.

Court Disposition

Claimant's unfair dismissal complaint dismissed; claim for breach of contract partially upheld.

Orders

  • The claimant was fairly dismissed.
  • The respondent is to pay the claimant £705.04 for one week’s net holiday pay for 2011 and overtime worked between 10 April 2010 and 14 January 2012.