Anne McLarnin v Abbey Insurance Brokers Ltd Posted In: Case Law
Case ReferenceNIIT 1168/15
Type of Claim / Jurisdiction
The claimant alleged that she had been unfairly constructively dismissed from her employment as manager of one the respondent’s branches. It was argued that there were 4 separate fundamental breaches surrounding an attempt to transfer and demote the claimant to a different position in a different branch.
It was the respondent’s contention that the claimant failed to accept a move which effectively amounted to failure to comply with a reasonable work instruction and was misconduct. Whilst there were a number of issues in the case, the respondent’s reliance on a contractual ‘mobility clause’ is of note as they pointed to it to argue that the employer had the ultimate power to move an employee
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