||All England Reporter
|| All ER (D) 73 (Jun)
||Queen's Bench Division
Judge Brunning sitting as a judge of the High Court
||11 June 2007
Employment - Wrongful dismissal - Misconduct - Employee proceeding with meeting contrary to express instructions - Whether conduct entitling employer to dismiss summarily.
Employment Wrongful dismissal. Where the employee, the executive director of finance of an energy company, had been dismissed summarily on account of proceeding with a meeting contrary to instructions, his claim for damages for wrongful dismissal would be dismissed. It was established that when an employee committed a repudiatory breach, the employer was entitled summarily to dismiss him. The degree of misconduct necessary to amount to a repudiatory breach was a matter of fact. On the evidence, the employee had been told on 18 January 2007 that he should not attend the meeting. The fact that he had proceeded with it struck with gravity at the relationship of trust and confidence. The meeting had been set up behind the backs of the other directors when he had been asked on a number of occasions not to proceed.
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