Durnien v T Durnien Ltd [2007] NIIT 792_06 (26 April 2007)

Durnien v T Durnien Ltd [2007] NIIT 792_06 (26 April 2007)

The claimant did not raise a grievance in relation to constructive dismissal in accordance with Article 19(2) of the 2003 Order, as her letter did not contain any complaint relating to dismissal or mirror the allegation of dismissal in her claim form.

Citation
[2007] NIIT 792_06
Parties
Claimant: Joanne Durnien; Respondent: T Durnien Limited
Jurisdiction
Northern Ireland
Judgment Date
26 April 2007
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
claim of constructive dismissal dismissed for non-compliance with statutory grievance procedure
Legal Topics
Constructive Dismissal, Grievance Procedure, Statutory Requirements
Employment Law Constructive Dismissal Grievance Procedure Statutory Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Joanne Durnien

Claimant

T Durnien Limited

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant complied with the statutory requirement to send a written grievance to the employer before presenting a claim of constructive dismissal

Ratio Decidendi

The claimant did not raise a grievance in relation to constructive dismissal in accordance with Article 19(2) of the 2003 Order, as her letter did not contain any complaint relating to dismissal or mirror the allegation of dismissal in her claim form.

Court Disposition

claim of constructive dismissal dismissed for non-compliance with statutory grievance procedure

Orders

  • Claimant not entitled to present a claim of constructive dismissal
  • Remaining claims to be listed for hearing