Where an employment contract allows the employer to dismiss without notice by the payment of salary in lieu of notice, the employer was bound by that contract and could not rely upon the employee’s duty of mitigation of damages and dismiss without both notice and a payment in lieu of notice.
Citations:
Gazette 10-Nov-1999, (1999) IRLR 690, [1999] UKEAT 1023 – 98 – 2909
Links:
Citing:
See Also – Cerberus Software Ltd v Rowley EAT 17-Nov-1998
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See Also – Cerberus Software Ltd v J A Rowley EAT 14-Jul-1999
EAT Contract of Employment – Breach of Contract . .
Cited by:
Appeal from – Cerberus Software Ltd v John Anthony Rowley CA 18-Jan-2001
Where a contract of employment gave the employee a right to six months notice but provided that the employer might pay salary in lieu, and the employee was wrongfully dismissed instantly, but found work within weeks, he was entitled to his full six . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 May 2022; Ref: scu.78959