MacDonald v Lord Advocate [1999] ScotCS 27 (20 January 1999)

MacDonald v Lord Advocate [1999] ScotCS 27 (20 January 1999)

The Forestry Commission had no contractual power to unilaterally reduce the overnight subsistence allowance, as the relevant term was the product of joint agreement and not subject to unilateral management decision; the reduction was therefore a breach of contract.

Citation
[1999] ScotCS 27
Parties
Pursuer: Alexander MacDonald; Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
20 January 1999
Procedural Posture
Civil / First Instance Judgment
Outcome
Judgment for the pursuer
Legal Topics
Unilateral Variation of Employment Contract, Breach of Contract, Employment Allowances, Collective Agreements
Employment Law Contract Law Unilateral Variation of Employment Contract Breach of Contract Employment Allowances Collective Agreements

Case Brief

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Parties

Alexander MacDonald

Pursuer

The Lord Advocate

Defender

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether the Forestry Commission was entitled unilaterally to reduce the overnight subsistence allowance under the pursuer's contract of employment
  2. 2 Whether the reduction constituted a breach of contract

Ratio Decidendi

The Forestry Commission had no contractual power to unilaterally reduce the overnight subsistence allowance, as the relevant term was the product of joint agreement and not subject to unilateral management decision; the reduction was therefore a breach of contract.

Court Disposition

Judgment for the pursuer

Orders

  • Defender's pleas-in-law repelled
  • Pursuer's first and second pleas-in-law sustained