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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Cape Industrial Services Ltd v Patricia Ambler [2002] EWCA Civ 1264 (26 July 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1264.html Cite as: [2002] EWCA Civ 1264 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM AN EMPLOYMENT APPEAL TRIBUNAL
(His Honour Judge Pugsley)
Strand London WC2 Friday, 26th July 2002 |
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B e f o r e :
LADY JUSTICE ARDEN
MR JUSTICE CRESSWELL
____________________
CAPE INDUSTRIAL SERVICES LIMITED | ||
Respondent/Appellant | ||
- v - | ||
PATRICIA AMBLER | ||
Appellant/Respondent |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
appeared on behalf of the Appellant.
The Respondent did not appear and were unrepresented.
____________________
Crown Copyright ©
Friday, 26th July 2002
"We consider that the findings the tribunal made as to the breaches of contract were open to them and we regard the arguments as to perversity as an attempt to reargue issues of fact that the tribunal has already determined."
"(i)having failed to determine that there was any change in the Respondent's job content, the tribunal could not in law determine, as it did, that the change in responsibilities for staff amounted to a fundamental breach of contract;
(ii)the tribunal failed to find any term of the contract of employment that was breached by the change in the Respondent's responsibilities for staff, so that there can have been no such breach;
(iii)there was in any event no evidence that the Respondent ceased to be responsible for the administrative assistant."
"(c) handling of grievance
(vii)the finding that there was breach of the implied term of trust and confidence in the way in which the Respondent's grievance was handled was also perverse or based on a misdirection of law:-
(a)insofar as this criticism was based on the Appellant's objection to the manner in which the Respondent raised the grievance, such criticism (let alone a finding of fundamental breach of contract) was entirely misplaced when the tribunal itself found that the Respondent's action was itself in breach of the grievance procedure."