Martin v Openwork Services Ltd [2007] NIIT 215_06 (04 October 2007)

Martin v Openwork Services Ltd [2007] NIIT 215_06 (04 October 2007)

The tribunal found that the inclusion of recruitment duties in the claimant's job description did not constitute a fundamental breach of contract or a repudiatory act by the employer. The conduct of the respondent, including delays in providing information, was not calculated or likely to destroy or seriously damage the relationship of trust and confidence. Therefore, the claimant was not constructively dismissed.

Citation
[2007] NIIT 215_06
Parties
Claimant: Julie Martin; Respondent: Openwork Services Limited
Jurisdiction
Northern Ireland
Judgment Date
04 October 2007
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Terms in Employment Contracts, Variation of Contract
Employment Law Constructive Dismissal Unfair Dismissal Implied Terms in Employment Contracts Variation of Contract

Case Brief

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Parties

Julie Martin

Claimant

Openwork Services Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was constructively dismissed by the respondent
  2. 2 Whether changes to the claimant's job description constituted a fundamental breach of contract
  3. 3 Whether the respondent's conduct destroyed or seriously damaged the relationship of trust and confidence

Ratio Decidendi

The tribunal found that the inclusion of recruitment duties in the claimant's job description did not constitute a fundamental breach of contract or a repudiatory act by the employer. The conduct of the respondent, including delays in providing information, was not calculated or likely to destroy or seriously damage the relationship of trust and confidence. Therefore, the claimant was not constructively dismissed.

Court Disposition

Claim dismissed