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6 & 7 June 2007

START DATE

END DATE

15-Jun-07

Dundee Leeds Management Services et al v. Nitin Aggarwal

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Court of Appeal for Bermuda

Commercial Law

Zacca P Evans JA Ward JA

FACTS OF THE CASE:

Between 1993 and 1998 Nitin Aggarwal developed the Leeds Group which was sold to Dundee Bank in 1998. A dispute arose over Aggarwal's termination in 2002 leading to legal proceedings over allegations of financial misconduct and the proper calculation of a termination payment

SUMMARY:

The court examined whether Aggarwal's actions constituted 'gross misconduct' or 'dishonesty' justifying his dismissal without cause

OUTCOMES:

Aggarwal was awarded $858335 under the Profit Participation Plan with the court finding the allegations of financial wrongdoing insufficient for dismissal

RULED IN FAVOUR OF:

In favour of Nitin Aggarwal

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Dundee Leeds Management Services et al v. Nitin Aggarwal

Between 1993 and 1998 Nitin Aggarwal developed the Leeds Group which was sold to Dundee Bank in 1998. A dispute arose over Aggarwal's termination in 2002 leading to legal proceedings over allegations of financial misconduct and the proper calculation of a termination payment

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