McGarry v TJ McGurran Ltd [2006] NIIT 833_05 (11 January 2006)

McGarry v TJ McGurran Ltd [2006] NIIT 833_05 (11 January 2006)

The tribunal found no fundamental breach of contract by the respondent. The respondent's actions, including taking time to consider the claimant's return and offering her a position, did not amount to constructive dismissal. The claimant failed to establish that the respondent's conduct justified her treating the contract as terminated.

Citation
[2006] NIIT 833_05
Parties
Claimant: Oonagh McGarry; Respondent: T J McGurran Limited
Jurisdiction
Northern Ireland
Judgment Date
11 January 2006
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim dismissed
Legal Topics
Constructive Dismissal, Breach of Contract, Employment Rights, Statutory Grievance Procedure
Employment Law Constructive Dismissal Breach of Contract Employment Rights Statutory Grievance Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Oonagh McGarry

Claimant

T J McGurran Limited

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Was the claimant constructively dismissed?
  2. 2 Did the respondent breach the claimant's contract of employment?
  3. 3 Was any breach fundamental and did the claimant leave in response to it without delay?

Ratio Decidendi

The tribunal found no fundamental breach of contract by the respondent. The respondent's actions, including taking time to consider the claimant's return and offering her a position, did not amount to constructive dismissal. The claimant failed to establish that the respondent's conduct justified her treating the contract as terminated.

Court Disposition

claim dismissed