Small v Northstone (NI) Limited (Discrimination - Disability Breach of Contract Unfair Dismissal) [2022] NIit 18247_20it (10 June 2022)

Small v Northstone (NI) Limited (Discrimination - Disability Breach of Contract Unfair Dismissal) [2022] NIit 18247_20it (10 June 2022)

Claimant did not have one year’s service due to valid termination at expiry of fixed-term contract for gross misconduct; not entitled to notice period extension; claim fails for want of jurisdiction.

Citation
[1988] ICR 142
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
Northern Ireland
Judgment Date
10 June 2022
Procedural Posture
Unfair Dismissal / Final Judgment
Outcome
claim dismissed
Legal Topics
Unfair Dismissal, Fixed Term Contract, Probationary Period, Gross Misconduct, Minimum Service Requirement
Employment Law Unfair Dismissal Fixed Term Contract Probationary Period Gross Misconduct Minimum Service Requirement

Case Brief

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Unfair Dismissal / Final Judgment

Legal Issues

  1. 1 Did the claimant have sufficient service to bring an unfair dismissal claim?
  2. 2 Was the claimant a fixed-term employee whose employment was terminated on expiry of the fixed term?
  3. 3 Is the claimant entitled to benefit of notice period for service calculation under Article 129 of ERO?

Ratio Decidendi

Claimant did not have one year’s service due to valid termination at expiry of fixed-term contract for gross misconduct; not entitled to notice period extension; claim fails for want of jurisdiction.

Court Disposition

claim dismissed