The judge concluded that several of the allegations made by the Claimant point to a fundamental breach of the implied term, and thus a fundamental breach of the contract.
The judge went on to state that the matters presented within these allegations were sufficient to severely damage the relationship of trust and confidence between the parties. The judge referred to case law which suggests that any breach of the implied term of mutual trust and confidence is sufficient to amount to a fundamental breach of contract.
The fact that the claimant resigned in part because the respondent’s fundamental breach of contract was sufficient to establish constructive dismissal based on a fundamental breach. The judge accepted that the Claimant resigned, at least in substantial part, because of that breach of contract.
The judge also concluded that the potential disciplinary proceedings were also a factor in the claimant’s decision to resign. The bad conduct of the Claimant meant that she was clearly capable of being in breach of the respondent’s bullying and harassment policy and thus gross misconduct.
A remedy hearing was listed, however, the judge anticipated both parties would be able to settle the matter between themselves, as the claimant’s financial loss claimed in the schedule of loss was relatively modest.
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