california employment law association

In Milne v Link Asset Security Company Limited [2005], Mr Milne was Asset Link Security Company Limited (LASL), 30 September 1999 until December 22, 2003 as a broker and manager.

Mr Milne is from his work by LASL on 12 December 2003, up to a disciplinary hearing on 17 December 2003. In the discipline session, subjects that are related to Mr Milne's performance and behavior were mentioned, but without details. Mr Milne decided not to go to a second meeting on 19 December 2003 and came to the embarrassment of discharge. Mr Milne, a case against LASL for unfair dismissal and breach of contract.

The Employment Tribunal (LASL criticized the decision to suspend Mr Milne before the disciplinary proceedings, the absence of an investigation prior to the meeting and LASL is not allowed Mr Milne to his case. The Employment Tribunal, however, there was no violation of Mr. Milne of contract of employment as a result of his suspension and the way the disciplinary procedure.

Mr Milne appeal on the grounds that the Employment Tribunal's decision was perverse in that they do not find that LASL a breach of employment contract.

The court found that: --

▪ Mr Milne had an overwhelming case that the Employment Tribunal reached a decision that no reasonable court would have reached;

▪ suspension does not of itself constitute a breach of implied duty of trust and, ultimately, a fundamental breach of the employment of an employee;

▪ To determine whether a suspension constitutes a breach of statutory duty of trust and confidence, the court must decide the circumstances, including

(i) the reasons for the suspension

(ii) the duration of the suspension

(iii) whether the employee lost his income

(iv) whether the employee has been replaced, and

(v) whether the contract requires the employer to continue work on the workers;

▪ In this case, the suspension was short, Mr Milne still his job, his compensation was not affected and LASL wanted to make sure Mr. Milne remained. There was therefore no breach of statutory duty of trust and confidence and Mr Milne was not an overwhelming case that the Employment Tribunal had come to an unreasonable decision.

The complaint was dismissed.

The complaint was dismissed.

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