Case Round Up 20th November 2009
Just two this time. An upsurge in work has meant I haven’t been blogging as assiduously as usual. There also haven’t been very many interesting cases around – apart from these two below.
Diggins v Condor Marine Crewing Services [2009] EWCA Civ 1133
The Court of Appeal has ruled that an seaman employed by a company operating from and registered in Guernsey, on board a ship registered in Nassau, but which spent its time sailing between Portsmouth and the Channel Islands could bring a claim for unfair dismissal. The Claimant lived in Suffolk. The Court held that the important factor was where his duty began and ended – which was Portsmouth. He can proceed with his claim for unfair dismissal.
Cook v MSHK Limited [2009] EWCA Civ 624
This case is authority for the proposition that where an employee commits a fundamental breach of contract, the employer must take action, which will usually be summary dismissal, without delay. In this case the employer didn’t commence disciplinary proceedings quickly enough and was held to have affirmed the contract, thus losing the right to rely on that breach. Alternatively, the employer should reserve its rights to take such action if the employee is subsequently absent on sick leave, as in this case.
If you need any advice or have queries on these please call me – details on the side bar.
Related posts:
