In the Industrial Tribunal case with number 4196/HW, the applicant claimed that he had been unfairly dismissed from his position with the respondent employer in the aftermath of his resignation, whilst he was working his notice period, and that he was owed a sum of money from commissions and unutilised leave.
Firstly, the applicant argued that he had resigned from the workplace and was then dismissed by the employer during his notice period, and therefore the Industrial Tribunal should thus vary the reason for termination from a dismissal to a resignation. Following the plea raised by the defendant company, that the Tribunal had no jurisdiction to do so, the applicant then filed a further application to vary his initial claim, requesting instead, that the Tribunal decide that the termination during his notice period was equal to an unfair dismissal.
Secondly, the applicant sought to claim sums allegedly owed to him in commissions and unutilised leave as a result of that alleged dismissal.
In a decision delivered on the 28th February 2024, the Tribunal stated that its jurisdiction extends no further than the termination of the employment. In cases of resignation, the Tribunal is only competent to decide whether such a resignation was in effect a result of constructive dismissal.
The Tribunal noted that the applicant had resigned and then been dismissed at a later stage. It stated that the contractual employment relationship between the parties had come to an end at the moment of resignation and that therefore, the employment contract had been irrevocably terminated. In view of that, the Tribunal decided that it was not the competent body to decide the claims of the applicant and the case was considered as closed.
The defendant company was represented by Dr Christine Calleja.
This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr Christine Calleja
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This article was originally published on the Mamo TCV Advocates website on the 6th March 2024.
You can find it here https://www.mamotcv.com/insights/industrial-tribunal-delivers-an-award-on-a-dismissal/