Chapter 8 Wrongful Dismissal Flashcards
Give a case example of wrongful dismissal - remedy - not for injury to mental health
Addis v Gramophone Co Ltd (1909)
Facts
Claimant, manager was dismissed and given 6 months’ notice but they appointed someone else which prevented him from acting as manager so he left after 2 months.
Decision
Claimant won 6 months earnings but not granted damages for injured feelings.
Give a case example for wrongful dismissal - justification
Sinclair v Neighbour 1967
Fact
Manager of betting shop borrowed money and left an IOU.
Decision
Summary dismissal was justified.
Give a case example of wrongful dismissal - justification - consistent unco-operative conduct
Pepper v Webb (1969)
Facts
A gardener was rude and then walked off (as though contract meant nothing to him).
Decision
Summary dismissal was justified.
Give a case example of wrongful dismissal - remedy for compensation for injured feelings. Trust and Confidence
Johnson v Unisys Ltd (2001)
Facts
After 20 years Mr J was dismissed for an alleged irregularity in his work. He then suffered from a breakdown.
Decision
No remedy for injured feelings. Trust and confidence doesn’t extend passed end of contract.
Give a case example of wrongful dismissal - remedy - injured feelings - loss of earnings
Eastwood and Another v Magnos Electric plc (2004)
Facts
Plaintfiff had been dismissed following false allegations and become mentally ill which caused a loss in the time there was still mutual trust and confidence.
Decision
HL decided this was outside the window in Johnson.
Could not award compensation for injured feelings - this is a tort cause and should be followed in county court.
Give a case example of wrongful dismissal - loss of wages
Boyo v London Borough of Lambeth (1995)
Facts
Mr Boyo was an accountant who was suspended for fraud for which the Police charged him. The employer claimed it was a frustrated contract but then admitted wrongful dismissal.
Decision
Only awarded the notice period and not until date of trial.
