Kearney v Drs. E McAuley, A W Irwin and ... [2012] NIIT 00733_12IT (7 November 2012)

Kearney v Drs. E McAuley, A W Irwin and ... [2012] NIIT 00733_12IT (7 November 2012)

The employer's conduct in handling the November 2011 complaints, viewed objectively and in the context of prior incidents, was reasonable, proportionate, and did not amount to a breach of the implied term of trust and confidence. Therefore, the claimant was not constructively or unfairly dismissed. The bonus claim was conceded and is well-founded.

Citation
[2012] NIIT 00733_12IT
Parties
Claimant: Angelena Kearney; Respondent: Drs. E McAuley, A W Irwin and M Monaghan t/a Irwin Practice
Jurisdiction
Northern Ireland
Judgment Date
07 November 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim for breach of contract (bonus) allowed; claim for unfair dismissal dismissed.
Legal Topics
Breach of Contract, Unfair Dismissal, Constructive Dismissal, Implied Term of Trust and Confidence
Employment Law Breach of Contract Unfair Dismissal Constructive Dismissal Implied Term of Trust and Confidence

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Parties

Angelena Kearney

Claimant

Drs. E McAuley, A W Irwin and M Monaghan t/a Irwin Practice

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was entitled to a contractual bonus upon resignation
  2. 2 Whether the claimant was constructively and unfairly dismissed due to breach of the implied term of trust and confidence

Ratio Decidendi

The employer's conduct in handling the November 2011 complaints, viewed objectively and in the context of prior incidents, was reasonable, proportionate, and did not amount to a breach of the implied term of trust and confidence. Therefore, the claimant was not constructively or unfairly dismissed. The bonus claim was conceded and is well-founded.

Court Disposition

Claim for breach of contract (bonus) allowed; claim for unfair dismissal dismissed.

Orders

  • Respondents to pay claimant £500 in respect of breach of contract claim.
  • Unfair dismissal claim dismissed.