Keenan v Walter Watson Ltd [2015] NIIT 1648_14IT (30 March 2015)

Keenan v Walter Watson Ltd [2015] NIIT 1648_14IT (30 March 2015)

The respondent's unilateral suspension of the claimant without pay, contrary to the express terms of the disciplinary and drug/alcohol policy and without contractual authority, constituted a fundamental breach of contract. The respondent's failure to communicate, failure to reinstate pay after medical clearance, and...

Source-derived case information.

Citation
[2015] NIIT 1648_14IT
Parties
Claimant: Aidan Keenan; Respondent: Walter Watson Ltd
Jurisdiction
Northern Ireland
Judgment Date
30 March 2015
Procedural Posture
Industrial Tribunal (northern Ireland) Unfair Dismissal and Unauthorised Deduction of Wages / Final Judgment After Full Hearing
Outcome
Claim upheld. The claimant was unfairly dismissed and suffered unauthorised deduction of wages.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Contract of Employment, Implied Term of Trust and Confidence, Unauthorised Deduction of Wages, Suspension With Pay, Disciplinary Procedure
Employment Law Unfair Dismissal Constructive Dismissal Contract of Employment Implied Term of Trust and Confidence Unauthorised Deduction of Wages Suspension With Pay Disciplinary Procedure

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Summary, issues, holding and outcome

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Parties

Aidan Keenan

Claimant

Walter Watson Ltd

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Unfair Dismissal and Unauthorised Deduction of Wages / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant was unfairly constructively dismissed by the respondent
  2. 2 Whether the respondent made unauthorised deductions from the claimant's wages

Ratio Decidendi

The respondent's unilateral suspension of the claimant without pay, contrary to the express terms of the disciplinary and drug/alcohol policy and without contractual authority, constituted a fundamental breach of contract. The respondent's failure to communicate, failure to reinstate pay after medical clearance, and lack of response to the claimant's requests cumulatively destroyed the relationship of trust and confidence. The claimant resigned in response to these breaches. The tribunal found the dismissal to be unfair and the deduction from wages to be unauthorised.

Court Disposition

Claim upheld. The claimant was unfairly dismissed and suffered unauthorised deduction of wages.

Orders

  • Respondent to pay the claimant £8,079.76 as compensation for unfair dismissal.
  • Respondent to pay the claimant £958.96 for unauthorised deduction of wages.