Kerrie Smyth v The Personal Representatives of Catherine Chivers (deceased)Posted In: Case Law
Case Reference NIIT 293/15
Legal BodyNI Industrial/Employment Tribunal (NIIET)
Type of Claim / JurisdictionUnfair Dismissal, Sickness and Absence
The claimant was employed by the respondent (deceased) as her full time carer from 9 April 2013 until 8 December 2014 when the claimant and respondent met and the former was dismissed. She claimed that she was unfairly dismissed and it was accepted by the respondent that it had not followed any aspects of the statutory dismissal procedure.
The dismissal was later justified by the respondent based on a total breakdown in the employer/employee relationship. It attempted to argue that a number of incidents contributed to this breakdown and that together they amounted to ‘some other substantial reason (SOSR)’ which can potentially justify a dismissal. Some of these included the
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