Gwynne v Viribright Lighting Ltd [2017] NIIT 01179_16IT (28 September 2017)
The tribunal found the claimant was constructively dismissed due to being locked out of company systems, which prevented him from performing his role. The dismissal was in breach of statutory procedures and thus unfair. Compensation was limited due to lack of supporting documentation and the claimant's ability to earn elsewhere.
- Citation
- [2017] NIIT 01179_16IT
- Parties
- Claimant: Michael Gwynne; Respondent: Viribright Lighting Ltd
- Jurisdiction
- Northern Ireland
- Judgment Date
- 28 September 2017
- Procedural Posture
- Industrial Tribunal / Final Decision
- Outcome
- Claimant awarded compensation for constructive unfair dismissal and unpaid wages.
- Legal Topics
- Unfair Dismissal, Constructive Dismissal, Unpaid Wages, Compensation Calculation
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Gwynne
Claimant
Viribright Lighting Ltd
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Whether the claimant was unfairly dismissed or constructively dismissed
- 2 Whether the claimant is entitled to unpaid wages
- 3 Calculation of compensation and statutory uplift
Ratio Decidendi
The tribunal found the claimant was constructively dismissed due to being locked out of company systems, which prevented him from performing his role. The dismissal was in breach of statutory procedures and thus unfair. Compensation was limited due to lack of supporting documentation and the claimant's ability to earn elsewhere.
Court Disposition
Claimant awarded compensation for constructive unfair dismissal and unpaid wages.
Orders
- Respondent to pay claimant £9,067 in total compensation.
Full Case Text
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