Crossland v Resource Centre Derry [2017] NIIT 02136_16IT (10 October 2017)

Crossland v Resource Centre Derry [2017] NIIT 02136_16IT (10 October 2017)

The majority of the tribunal found that although the claimant made protected disclosures in good faith, the evidence did not establish that these disclosures were the reason or principal reason for his dismissal. The dismissal was instead due to issues with the claimant's conduct, particularly regarding the kitchen...

Source-derived case information.

Citation
[2017] NIIT 02136_16IT
Parties
Claimant: Martin Crossland; Respondent: Resource Centre Derry
Jurisdiction
Northern Ireland
Judgment Date
10 October 2017
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim dismissed by majority decision
Legal Topics
Unfair Dismissal, Protected Disclosure, Whistleblowing, Probationary Employment, Charity Governance
Employment Law Unfair Dismissal Protected Disclosure Whistleblowing Probationary Employment Charity Governance

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Summary, issues, holding and outcome

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Parties

Martin Crossland

Claimant

Resource Centre Derry

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant made a protected disclosure under the Employment Rights (Northern Ireland) Order 1996 (ERO)
  2. 2 Whether the reason or principal reason for the claimant's dismissal was the making of a protected disclosure, rendering the dismissal automatically unfair under Article 134A of the ERO

Ratio Decidendi

The majority of the tribunal found that although the claimant made protected disclosures in good faith, the evidence did not establish that these disclosures were the reason or principal reason for his dismissal. The dismissal was instead due to issues with the claimant's conduct, particularly regarding the kitchen investigation and difficulties with auditors, during his probationary period.

Court Disposition

Claim dismissed by majority decision