Quinn v TCH Democrat Media Ltd [2008] NIIT 1647_07IT (17 April 2008)

Quinn v TCH Democrat Media Ltd [2008] NIIT 1647_07IT (17 April 2008)

Although the respondent breached the contract by requiring the claimant to attend a company doctor without express or implied contractual authority, the breach was not fundamental or likely to destroy the relationship of trust and confidence, as the referral was made with reasonable cause and not motivated by doubts about the claimant's illness.

Citation
[2008] NIIT 1647_07IT
Parties
Claimant: Arthur Quinn; Respondent: TCH Democrat Media Ltd
Jurisdiction
Northern Ireland
Judgment Date
17 April 2008
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim dismissed
Legal Topics
Constructive Dismissal, Breach of Contract, Implied Term of Trust and Confidence, Medical Referral in Employment
Employment Law Constructive Dismissal Breach of Contract Implied Term of Trust and Confidence Medical Referral in Employment

Case Brief

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Parties

Arthur Quinn

Claimant

TCH Democrat Media Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Was there a breach of the employment contract by the respondent?
  2. 2 Was the breach fundamental enough to entitle the claimant to resign under Article 127(1)(c) of the Employment Rights (Northern Ireland) Order 1996?
  3. 3 Was the requirement to attend a company doctor a breach of contract or the implied term of trust and confidence?

Ratio Decidendi

Although the respondent breached the contract by requiring the claimant to attend a company doctor without express or implied contractual authority, the breach was not fundamental or likely to destroy the relationship of trust and confidence, as the referral was made with reasonable cause and not motivated by doubts about the claimant's illness.

Court Disposition

claim dismissed