Balmer v Donna Newman [2014] NIIT 109_14IT (06 June 2014)

Balmer v Donna Newman [2014] NIIT 109_14IT (06 June 2014)

The claimant's resignation did not result from a repudiatory breach of contract by the employer; therefore, she was not constructively dismissed and is not entitled to notice pay or compensation for lack of contract particulars.

Citation
[2014] NIIT 109_14IT
Parties
Claimant: Deborah Balmer; Respondent: Donna Newman
Jurisdiction
Northern Ireland
Judgment Date
06 June 2014
Procedural Posture
Unfair Dismissal Claim / Final Judgment
Outcome
claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Notice Pay, Contract Particulars
Employment Law Constructive Dismissal Unfair Dismissal Notice Pay Contract Particulars

Case Brief

Summary, issues, holding and outcome

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Parties

Deborah Balmer

Claimant

Donna Newman

Respondent

Procedural Posture

Unfair Dismissal Claim / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed
  2. 2 Whether the claimant is entitled to notice pay
  3. 3 Whether the claimant is entitled to an award for failure to provide contract particulars

Ratio Decidendi

The claimant's resignation did not result from a repudiatory breach of contract by the employer; therefore, she was not constructively dismissed and is not entitled to notice pay or compensation for lack of contract particulars.

Court Disposition

claim dismissed