Moore v Delta Systems Ltd [2008] NIIT 1143_06IT (15 February 2008)

Moore v Delta Systems Ltd [2008] NIIT 1143_06IT (15 February 2008)

There was no breach of contract by the respondent; the altercation did not amount to conduct justifying constructive dismissal, and the respondent made reasonable efforts to retain the claimant. The claimant's resignation was not prompted by any actionable conduct by the employer.

Citation
[2008] NIIT 1143_06IT
Parties
Claimant: Ciaran Moore; Respondent: Delta Systems Ltd
Jurisdiction
Northern Ireland
Judgment Date
15 February 2008
Procedural Posture
Employment Tribunal / Final Decision
Outcome
application dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal
Employment Law Unfair Dismissal Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Ciaran Moore

Claimant

Delta Systems Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed contrary to Part XI of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant's resignation amounted to constructive dismissal under Article 127 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

There was no breach of contract by the respondent; the altercation did not amount to conduct justifying constructive dismissal, and the respondent made reasonable efforts to retain the claimant. The claimant's resignation was not prompted by any actionable conduct by the employer.

Court Disposition

application dismissed