Crothers v Holly Bannon - So Hot Studio [2008] NIIT 102_08IT (09 July 2008)

Crothers v Holly Bannon - So Hot Studio [2008] NIIT 102_08IT (09 July 2008)

The claimant was constructively dismissed when the respondent left Northern Ireland without notice or proper termination, failed to pay wages and notice pay, and did not respond to grievance. The respondent breached statutory provisions under the Employment Rights (NI) Order 1996.

Citation
[2008] NIIT 102_08IT
Parties
Claimant: Ashleigh Crothers; Respondent: Holly Bannon – So Hot Studio
Jurisdiction
Northern Ireland
Judgment Date
09 July 2008
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
claim upheld
Legal Topics
Constructive Dismissal, Unfair Dismissal, Notice Pay, Unauthorised Deduction From Wages
Employment Law Constructive Dismissal Unfair Dismissal Notice Pay Unauthorised Deduction From Wages

Case Brief

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Parties

Ashleigh Crothers

Claimant

Holly Bannon – So Hot Studio

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed
  2. 2 Whether the claimant is entitled to a basic award for unfair dismissal
  3. 3 Whether the claimant is entitled to pay in lieu of notice

Ratio Decidendi

The claimant was constructively dismissed when the respondent left Northern Ireland without notice or proper termination, failed to pay wages and notice pay, and did not respond to grievance. The respondent breached statutory provisions under the Employment Rights (NI) Order 1996.

Court Disposition

claim upheld

Orders

  • Respondent to pay claimant £290.00 as basic award for unfair dismissal
  • Respondent to pay claimant £290.00 in lieu of notice