McCormack v Hamilton Academical Football Club [2010] CSOH 124
The claimant was seeking damages as a consequence of being wrongly dismissed. The court ruled that, although the cumulative effect of minor misdemeanours may amount to gross misconduct and thus destroy the trust and confidence in the employee, the employer is also under a duty to tell the employee if their actions are causing them to lose trust and confidence. In this case, the employer did not keep the claimant fully informed about his behaviour and thus his conduct did not justify summary dismissal. The claim of wrongful dismissal was upheld, the quantum award to be considered at a later date.
09/09/2010 15:56
