Case Round Up 20th November 2009
Diggins v Condor Marine Crewing Services [2009] EWCA Civ 1133
The Court of Appeal has ruled that an seaman employed by a company operating from and registered in Guernsey, on board a ship registered in Nassau, but which spent its time sailing between Portsmouth and the Channel Islands could bring a claim for unfair dismissal. The Claimant lived in Suffolk. The Court held that the important factor was where his duty began and ended – which was Portsmouth. He can proceed with his claim for unfair dismissal.
Cook v MSHK Limited [2009] EWCA Civ 624This case is authority for the proposition that where an employee commits a fundamental breach of contract, the employer must take action, which will usually be summary dismissal, without delay. In this case the employer didn’t commence disciplinary proceedings quickly enough and was held to have affirmed the contract, thus losing the right to rely on that breach. Alternatively, the employer should reserve its rights to take such action if the employee is subsequently absent on sick leave, as in this case.
If you need any further advice on the issues raised in these cases, or any other issue, please do not hesitate to contact Michael Scutt on 0207 464 8433 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it