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ARTICLE · 20 SEPTEMBER 2011

When Can An Employer Say 'Enough Is Enough' And Dismiss?

Collas Crill
Collas Crill
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Collas Crill

Collas Crill

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This question was recently put before Guernsey’s Employment and Discrimination Tribunal in an action brought by what even it describes as a "difficult employee".

GuernseyWealth Management

This question was recently put before Guernsey's Employment and Discrimination Tribunal in an action brought by what even it describes as a "difficult employee".

Here the applicant brought an action against All Island Carpets Limited claiming unfair dismissal after he received a letter terminating his contract of employment on the grounds of "unacceptable absence and threatening behaviour".

At first blush, the employer's actions to dismiss sound fair and reasonable - what employer could be expected to tolerate such conduct? Not so, ruled the Tribunal, which ordered the company to make an award of compensation equal to six months' gross salary. So what went wrong for the company?

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