Mackenzie v AA Ltd [2022]

Posted In: Case Law
  • Decision Number
    EWCA Civ 901
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Dismissal, Pay
Issues covered: Wrongful Dismissal; Bonus Payment

The claimant was the respondent’s Chief Executive. Under his contract, it allowed for termination by three methods: 

  1. 12 months’ written notice by either party; 

  1. Immediate termination by the employer with payment in lieu of notice; or 

  1. Summary dismissal on the basis of gross misconduct. 

In 2017 the claimant attended an event where he assaulted a colleague. He subsequently stated that he was unable to perform his duties due to illness. The respondent dismissed the claimant on the grounds of gross misconduct.   

The claimant brought a claim citing wrongful dismissal on the basis that the assault did not satisfy the criterion of ‘gross

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This article is correct at 30/08/2022

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Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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