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Old 2nd Apr 2006, 11:04
  #17 (permalink)  
Turn and Burn
 
Join Date: Nov 1999
Location: Hong Kong
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I agree that this case should stand on its legal merits alone. The problem is, legal issues are dealt with by real people who are prone to subjective judgements. If one of the members of the Tribunal is a lady whose daughter has recently been beaten up by a violent boyfriend, would her judgement be affected in this case? The argument is that the 49ers were dismissed without having been given a reason, the implication being that the dismissals were unjustified. If CX produce Crofts file at the Tribunal, as I suspect they shall, the Tribunal may well say that the procedure CX adopted was wrong. But, in the light of Crofts' file, they are unlikely to agree that Crofts' dismissal was unjustified. If Crofts' file is seen as being typical of the files of the other 49ers, then they are all in danger of being tarred with the same brush. Crofts' case has established that UK employment law can be applied to overseas employees. That is a significant victory. If I were Crofts I would quit whilst I was ahead. The Tribunal hearing could be messy.
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