April 23 2012
START DATE
END DATE
June 14 2013
Frances Stewart v Fairmont Hamilton
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Employment Law
Ian R.C. Kawaley CJ
Kyle Masters Trott & Duncan Limited
Kim White Cox Hallett Wilkinson Limited
FACTS OF THE CASE:
Stewart a Payroll Administrator was summarily dismissed for 'gross negligence' for forwarding an email with confidential salary information to the management team leading to her dismissal and the loss of several employees due to the breach of confidence
SUMMARY:
Whether the Employment Tribunal erred in law by failing to consider if the summary dismissal was reasonable in all the circumstances and/or according to section 24(3) of the Employment Act 2000
OUTCOMES:
The Tribunal's decision was quashed and the matter was remitted for rehearing due to a fundamental error of law in failing to consider and make findings on the objective reasonableness of the dismissal decision
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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