Augu 30 2010
START DATE
END DATE
October 1 2010
ALLISON THOMAS -v- FORT KNOX BERMUDA LIMITED
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
SUPREME COURT OF BERMUDA
CIVIL JURISDICTION
KAWALEY J
Mark Diel
Ben Adamson
FACTS OF THE CASE:
Plaintiff claims $205000 in deferred salary and $67500 for breach of an implied term regarding termination notice based on employment termination letter dated November 1 2005. Claims against Second and Third Defendant were struck out. Main issues revolve around whether employment was terminated in breach of an implied term for reasonable notice and procedural fairness.
SUMMARY:
Whether Plaintiff's employment was terminated in breach of implied terms for reasonable notice and without proper cause and whether deferred compensation becomes payable upon termination.
OUTCOMES:
Plaintiff's claims for damages for wrongful termination and implied terms regarding deferred compensation are dismissed. Claims for damages in lieu of reasonable notice fail as parties agreed on one month's notice. No proper basis found for implied term that deferred compensation becomes payable upon termination.
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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ALLISON THOMAS -v- FORT KNOX BERMUDA LIMITED
Plaintiff claims $205000 in deferred salary and $67500 for breach of an implied term regarding termination notice based on employment termination letter dated November 1 2005. Claims against Second and Third Defendant were struck out. Main issues revolve around whether employment was terminated in breach of an implied term for reasonable notice and procedural fairness.