Mackenzie v AA Ltd Posted In: Case Law
Decision NumberEWCA Civ 901
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionDismissal, Pay
The claimant was the respondent’s Chief Executive. Under his contract, it allowed for termination by three methods:
12 months’ written notice by either party;
Immediate termination by the employer with payment in lieu of notice; or
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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