Janciuk v Winerite Ltd

JurisdictionUK Non-devolved
Judgment Date1998
Date1998
Year1998
CourtEmployment Appeal Tribunal
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14 cases
  • R (John Botham) v Ministry of Defence
    • United Kingdom
    • Queen's Bench Division
    • 26 March 2010
    ...of Lambeth [1995] IRLR 50; Gunton v London Borough of Richmond-upon-Thames [1980] IRLR 321…” 15. This decision was followed in Janciuk v Winerite Ltd [1998] IRLR 63, another EAT case, this time chaired by its President Morison J. He said at [8], “Some contracts of employment require the ......
  • Raj Kumar Mattu v The University Hospitals of Coventry and Warwickshire Nhs Trust
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 May 2012
    ...determine the contract by notice or summarily: see R v BBCex p Lavelle [1983] ICR 99, Gunton v Richmond upon Thames LBC [1981] Ch 448, Janciuk v Winerite [1998] IRLR 63. It is a very different thing, however, to hold that in the absence of the clearest contractual provision (and assuming no......
  • Mr Robert David MacKenzie v AA Plc
    • United Kingdom
    • Queen's Bench Division
    • 25 June 2021
    ...additional cases from an employment law perspective which it is claimed support the Lavarack principle, namely Janciuk v Winerite Ltd [1998] IRLR 63, per Morison P at paragraph 7 where the Judge concluded: “the assumption is that the employer would have chosen to have terminated the contrac......
  • Lakshmi v Mid Cheshire Hospitals NHS Trust
    • United Kingdom
    • Queen's Bench Division
    • 24 April 2008
    ...court is not permitted to award damages on an evaluation of the prospects of the employer succeeding in a charge of gross misconduct: Janciuk v Wineright [1998] IRLR. The solution, he said, is pragmatic: the award of loss of salary up to the date of the hypothetical hearing the employee sho......
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