Lord Evershed MR discussed the justification for summary dismissal: ‘It follows that the question must be whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service. One act of disobedience or conduct can justify dismissal only if it is of a nature which goes to show that the servant has repudiated the contract or one of its essential conditions and, for that reason therefore, I think what one finds in the passages which I have read that the disobedience must at least have a quality that it is wilful. In other words it connotes a deliberate flouting of the essential contractual terms.’
Judges:
Lord Evershed MR
Citations:
[1959] 1 WLR 698, [1959] All ER 285
Jurisdiction:
England and Wales
Cited by:
Cited – Neary and Neary v Dean of Westminster 9-Jun-1999
Financial wrong-doing short of dishonesty can be a basis for summary dismissal. Gross misconduct sufficient to justify dismissal must in the particular circumstances so undermine the trust and confidence of an employer that he should no longer be . .
Mentioned – Coulson v Newsgroup Newspapers Ltd QBD 21-Dec-2011
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant . .
Cited – Mason v Huddersfield Giants Ltd QBD 15-Jul-2013
The claimant rugby league player complained of his dismissal under a clause allowing such for behaviour which might bring the club into disrepute. He had engaged in a celebratory evening out involving a naked run. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 May 2022; Ref: scu.450216