Bowyer v Finrone Ltd [2009] NIIT 5057_09IT (12 October 2009)

Bowyer v Finrone Ltd [2009] NIIT 5057_09IT (12 October 2009)

The claimant failed to provide a credible and consistent account to prove he was summarily dismissed. The tribunal found the respondent sought to have the claimant work his notice period and was not prepared to pay him unless he did so. The claim was therefore dismissed.

Citation
[2009] NIIT 5057_09IT
Parties
Claimant: Ross Bowyer; Respondent: Finrone Ltd
Jurisdiction
Northern Ireland
Judgment Date
12 October 2009
Procedural Posture
Employment Claim / Final Hearing and Decision
Outcome
claim dismissed
Legal Topics
Summary Dismissal, Notice Period, Breach of Contract, Constructive Dismissal
Employment Law Summary Dismissal Notice Period Breach of Contract Constructive Dismissal

Case Brief

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Parties

Ross Bowyer

Claimant

Finrone Ltd

Respondent

Procedural Posture

Employment Claim / Final Hearing and Decision

Legal Issues

  1. 1 Whether the claimant was summarily dismissed in breach of contract or resigned
  2. 2 Whether the respondent was liable to pay the claimant in lieu of notice

Ratio Decidendi

The claimant failed to provide a credible and consistent account to prove he was summarily dismissed. The tribunal found the respondent sought to have the claimant work his notice period and was not prepared to pay him unless he did so. The claim was therefore dismissed.

Court Disposition

claim dismissed