Dougal v Deluxe Art & Theme FX Ltd [2006] NIIT 561_06 (12 October 2006)

Dougal v Deluxe Art & Theme FX Ltd [2006] NIIT 561_06 (12 October 2006)

The claimant was subjected to harassment and had reasonable grounds to believe that commencing the grievance procedure would result in further harassment; therefore, the requirement to present a written grievance does not apply to his claim for unfair constructive dismissal. The claimant's letters regarding commission are sufficient to constitute a written grievance for breach of contract/unauthorised deduction from wages.

Citation
[2006] NIIT 561_06
Parties
Claimant: Michael Dougal; Respondent: Deluxe Art & Theme FX Ltd
Jurisdiction
Northern Ireland
Judgment Date
12 October 2006
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
claimant entitled to present claim
Legal Topics
Constructive Dismissal, Grievance Procedure, Harassment, Breach of Contract, Unauthorised Deduction From Wages
Employment Law Constructive Dismissal Grievance Procedure Harassment Breach of Contract Unauthorised Deduction From Wages

Case Brief

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Parties

Michael Dougal

Claimant

Deluxe Art & Theme FX Ltd

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant is entitled to present a claim for unfair constructive dismissal without having sent a written grievance to the employer
  2. 2 Whether the claimant's letters regarding commission constitute a written grievance for breach of contract/unauthorised deduction from wages

Ratio Decidendi

The claimant was subjected to harassment and had reasonable grounds to believe that commencing the grievance procedure would result in further harassment; therefore, the requirement to present a written grievance does not apply to his claim for unfair constructive dismissal. The claimant's letters regarding commission are sufficient to constitute a written grievance for breach of contract/unauthorised deduction from wages.

Court Disposition

claimant entitled to present claim

Orders

  • The claimant is entitled to present the claim for unfair constructive dismissal despite not having sent a written grievance.
  • The claimant's letters regarding commission constitute a written grievance for breach of contract/unauthorised deduction from wages.