Cowan v Decora Blind Systems Ltd [2009] NIIT 1019_08IT (17 June 2009)

Cowan v Decora Blind Systems Ltd [2009] NIIT 1019_08IT (17 June 2009)

The tribunal found no breach of an express or implied term of the claimant's contract of employment. Grievance procedures were followed, meetings at the supervisor's desk did not amount to a breach, and the timings for work were found to be fair and achievable. The only procedural lapse (return to work interview not held in private) did not go to the root of the contract. Therefore, the claim for unfair constructive dismissal failed.

Citation
[2009] NIIT 1019_08IT
Parties
Claimant: Noble Cowan; Respondent: Decora Blind Systems Ltd
Jurisdiction
Northern Ireland
Judgment Date
17 June 2009
Procedural Posture
Industrial Tribunal Unfair Constructive Dismissal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Breach of Contract, Implied Term of Trust and Confidence, Grievance Procedure
Employment Law Constructive Dismissal Unfair Dismissal Breach of Contract Implied Term of Trust and Confidence Grievance Procedure

Case Brief

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Parties

Noble Cowan

Claimant

Decora Blind Systems Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Constructive Dismissal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly constructively dismissed
  2. 2 Whether there was a breach of contract (express or implied) by the respondent
  3. 3 Whether the respondent breached the implied term of trust and confidence

Ratio Decidendi

The tribunal found no breach of an express or implied term of the claimant's contract of employment. Grievance procedures were followed, meetings at the supervisor's desk did not amount to a breach, and the timings for work were found to be fair and achievable. The only procedural lapse (return to work interview not held in private) did not go to the root of the contract. Therefore, the claim for unfair constructive dismissal failed.

Court Disposition

Claim dismissed

Orders

  • The claimant's application for unfair constructive dismissal is dismissed.