Competency and relevancy of challenge to dismissal of company's managing director - Gray v Braid Logistics (UK) Ltd [OH] 15.03.17


Wed, 15 Mar 2017

Employment - Civil procedure - Managing director of company - Dismissal - Pursuer seeking declarator that purported decision to dismiss him as managing director of defenders had no lawful effect - Whether action was competent, standing the contended failure of the pursuer to exercise rights of appeal said to be provided in his contract of employment - Whether action was relevant given contended for implied and express ratification by defenders of decision to dismiss. HELD that the action was incompetent. Had the court decided in pursuer's favour in respect of that issue, it would have held the pursuer’s case in reply to the defenders’ position on ratification to be relevant to the extent set out by the court.




Category: Employment »  Contracts of employment; Dismissal; Remedies. Keyword(s): Civil procedure. Area(s) of law: Employment; Litigation; Corporate and Commercial Law.
Source: [2017] CSOH 44; 2017 GWD 11-146

 

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