Devonport Management Ltd v Cusack [1993] UKEAT 445_93_2012 (20 December 1993)

Devonport Management Ltd v Cusack [1993] UKEAT 445_93_2012 (20 December 1993)

The Tribunal's finding that the dismissal was unfair was a finding of fact based on the totality of evidence available at the time of the appeal hearing; the employer could not reasonably conclude Mr Cusack was guilty of fraud given the fresh evidence, and there was no error of law or inconsistency with Burchell...

Source-derived case information.

Citation
[1993] UKEAT 445_93_2012
Parties
Applicant: Mr M E Cusack; Respondent: Devonport Management Limited
Jurisdiction
United Kingdom
Judgment Date
20 December 1993
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Disciplinary Procedures, Contributory Fault
Employment Law Unfair Dismissal Disciplinary Procedures Contributory Fault

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Parties

Mr M E Cusack

Applicant

Devonport Management Limited

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Was Mr Cusack's dismissal unfair under employment law?
  2. 2 Did the employer act reasonably in concluding Mr Cusack was guilty of gross misconduct?
  3. 3 Was the Tribunal's finding perverse or inconsistent with legal principles?

Ratio Decidendi

The Tribunal's finding that the dismissal was unfair was a finding of fact based on the totality of evidence available at the time of the appeal hearing; the employer could not reasonably conclude Mr Cusack was guilty of fraud given the fresh evidence, and there was no error of law or inconsistency with Burchell guidelines.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Tribunal's decision of unfair dismissal upheld.