Académique Documents
Professionnel Documents
Culture Documents
Ex 4/pag 109
1. The Respondent is a city firm of solicitors with its head-office in London and four
overseas offices. The firm has 40 partners and approximately 22 associate solicitors. The
Respondent specialises in international corporate and commercial work.
2. On 26 April 2007 the Respondent’s Managing Partner, Henry Moore, became aware
that £2 million had been misappropriated from the firm’s client account. It was essential
that the source of this theft be ascertained without delay in order to safeguard the firm’s
reputation.
3. The Respondent denies that the Applicant was unfairly dismissed as alleged. The
aforesaid Henry Moore made a valid managerial decision to dismiss the Applicant based
on reasonable suspicion of gross misconduct. It was reasonable for Henry Moore to come
to the conclusion that the Applicant had stolen the missing £2 million. The Applicant was
ostentatiously displaying wealth, having arrived at work on 26 April 2007 in a new
Ferrari motor car. He did not explain to the Respondent that he had won the National
Lottery. The Applicant was therefore responsible for his dismissal as a result of his own
actions.
4. Convening a disciplinary hearing would have been fruitless in the particular
circumstances. The Applicant was therefore summarily dismissed on 26 April 2007. The
Respondent had reasonable grounds to believe that the Applicant was guilty of gross
misconduct. The Respondent was accordingly entitled to dismiss the Applicant, the
dismissal being fair and reasonable in all the circumstances.
Ex 5/ 113
Ex 6/113
Ex 7/114
Ex 8/116
(c) aggressive form (‘A’)
(d) diplomatic form (‘D’)
(e) aggressive form (‘A’)
(f) diplomatic form (‘D’)
Ex 12/124
Task 1
1. Henry Moore said that he had got the Ferrari driving swindler.
2. Scoville was told that he was being dismissed immediately.
3. He read the article in the local newspaper about the firm winning a case.
4. Charles Scoville said that he had been dismissed from his job recently.
5. The solicitor said that she would try to negotiate a settlement for him.
Task 2
1. ‘How do you account for the Ferrari in the car-park?’
2. ‘You are being dismissed so return the office keys immediately.’
3. ‘You have a meritorious claim for unfair dismissal Mr Scoville.’
4. ‘Bannerman and Law have treated Mr Scoville reprehensibly and I have no hesitation
in declaring that Mr Scoville has been unfairly dismissed.’
5. ‘I am pleased with the Tribunal’s award of £18,000.’