Anyanwu and Another v South Bank Student Union and Another (No 2)

JurisdictionEngland & Wales
Judgment Date20 November 2003
Date20 November 2003
CourtCourt of Appeal (Civil Division)

Employment Appeal Tribunal

Before Judge Serota, QC, Mr P. Dawson and Mr I. Ezekiel

Anyanwu and Another
and
South Bank Student Union and Another (No 2)

Employment - student union officers not dismissed - contracts frustrated by reason of impossibility of performance

Impossibility frustrated contracts

The expulsion from university of two students and their removal from salaried offices of the student union as a result of the imposition of a new union constitution operated to effect the termination of their contracts of employment with the union. Thus the students were not dismissed but their contracts were frustrated by reason of impossibility of performance.

The Employment Appeal Tribunal so held dismissing appeals by two former students of South Bank University, Anozie Anyanwu and Aniere Ebuzoeme, from the decision of an employment tribunal sitting in Ashford on October 17, 2002, that they had not been discriminated against on the ground of their race, had not suffered victimisation and that their dismissal was not as a result of any breaches of contract by the...

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1 cases
  • JWR Productions Australia Pty Ltd v Duncan-Watt (No 2)
    • Australia
    • Federal Court
    • 5 Marzo 2020
    ...Television Services v Marsden (1998) 43 NSWLR 158 Anyanwu and Another v South Bank Student Union and Another (No 2), The Times Law Reports, December 5, 2003, 678 Aqua-Marine Marketing Pty Ltd v Pacific Reef Fisheries (Australia) Pty Ltd (No 5) [2012] FCA 908 Bank of New South Wales v The Co......